Back to View From the Courthouse

View From the Courthouse:
Abstracts of Lawrence County, Mo., Circuit Court Documents, 1858-1869
copyright 1997, Judith Johnson Reustle; Internet edition Dec 2000
Bundles 139-201


139. State of Mo. vs Hamer ASHFORD, larceny.
Affidavit: 15 Jul 1867; William STOVER states that on 15 Jul 1867 Ashford stole U.S. currency from him.
Capias: 15 Jul 1867; Hamar Ashford; executed 16 Jul 1867 by J. LINTHICUM, constable of Ozark Township.
Prisoner's statement: 15 Jul 1867; "says that I did take the five dollar not {sic} as charged by William Stove{r} I put it in my finger stall. This was done on 15 Jul 1867." Hamer Ashford (X) his mark.
Witness sworn testimony: 15 Jul 1867: William Stover states on oath: that on the 15th day of July 1867 Hamer Ashford did steal from him one five dollar note United States currency and further sayeth not. Signed William Stover. Sworn to H. H. Neece, Justice of the Peace.
Witness testimony: 16? Jul 1867: John H. MEILLS {sic} says: that on the 15th day of July 1867 myself and Wm Stover and Hamer Ashford, William HICKMAN, James STOVER were fishing. When we were done fishing William Stover missed a five dollar note and stated that some of the crowd could have it. Then I proposed to search the crowd. We were all searched but the money could not be found. Then Ashford and myself sent over to J. HARGERS. Then Ashford went back to the creek and I watched him. I see him stoop down like he was picking up something. Then he started off east. We followed him. We found his finger stall which he claimed. This is the stall that contained the note. This was done in the county of Lawrence and state of Mo. and further he sayeth not. John H. MILLS (X) his mark.
Witness recognizance: 15 Jul 1867; $50 each William Stover and John H. Mills.
Transcript of costs: total $4.10; filed circuit court 16 Jul 1867.

140. State of Mo. vs John GARNER, gaming.
Indictment: see indictment bundle #138.
Capias and Recognizance: see bundle #138 above.
Subpoena: 4 Oct 1867; John DAVIS, executed 21 Oct 1867.
Execution: 26 Dec 1867; William HUNT; $10 fine and $11.45 costs; return satisfied 28 Feb 1868.
Execution: 26 Nov 1867; Simpson CALDWELL; $10 fine and $11.45 costs; rec'd payment in full within I Mar 1868.
Execution: 26 Dec 1867; John Garner; $10 fine and $11.45 costs; rec'd payment in full 29 Feb 1868.

141. State of Mo. vs L A D CRENSHAW, felonious assault. {from Greene County}
Transcript of docket: page 474; 14 Nov 1867; George W. RANDOLPH, Circuit Attorney, suggests to court a diminution of the transcript in this cause and filed herein his motion for a {?) against the clerk of the circuit court of Greene County, requiring him to perfect the transcript in this cause, and the motion going on to be heard ... sustained; 6 Jan 1868. Greene County clerk complies 2 Mar 1868.

142. State of Mo. vs Robert GAMBLE, grand larceny. {from Dade Co.}
Robert Gamble and James GEAR charged with stealing a horse from Ozias ROARK. True bill filed Dade County 30 Oct 1865.
Verdict: filed in Lawrence County 15 Nov 1867; not guilty; Jury foreman, David T. J. COLLEY; Judge, John C. PRICE; Circuit Attorney., Joseph C. ESTES; Sheriff, Samuel E. SHAW; Benjamin APPLEBY.

143. State of Mo. vs Stephen CHANDLER. {from Greene Co.}
Stephen Chandler and William JONES charged with killing a cow valued at $25 dollars the property of H. C. WHITE; indictment filed Greene County 19 Jul 1865. Motions to quash for Chandler and for Jones filed Lawrence County 5 Nov 1867 and 4 Nov 1867 respectively.

144. State of Mo. vs F. M. MOORE, selling liquor without a license.
Indictment: 9 Nov 1867; H. H. NEECE, Grand Jury foreman; state witness, Isaac BAIRD; charges that on __ day of ___ 1867 Moore sold one half pint of whiskey valued at $.50 without having a license, also on __ day of ___ 1867 Moore sold one pint of whiskey valued at $1 and (no date of offence) sold another pint of whiskey $1 value.
Warrant: 9 Nov 1867; F. M. Moore; return states warrant served 12 Nov 1867 by taking Moore into custody; P. F. CLARK, deputy, for James F. GIBSON, sheriff.
Attachment for witness: 15 Nov 1867; Isaac Baird for state; served by arresting and taking the body of said Isaac Baird before the court 16 Nov 1867; T. L. DOWNING, deputy.
Verdict: 16 Nov 1867; Not guilty as charged; William B. LANDRUM, foreman.

145. State of Mo. vs F M MOORE, selling liquor without a license.
Indictment: filed 15 Nov 1867; H. H. NEECE, Grand Jury foreman; state witnesses, George HALEY and Aaron ?REAKES; charges that on __day of ___ 1867 Moore sold one-half pint whiskey.
Capias: 15 Nov 1867; F. M. Moore; executed 16 Nov 1867 by P. F .CLARK, deputy.
Verdict: 16 Nov 1867; Not guilty as charged; William B. LANDRUM, foreman.

146. State of Mo. vs J. J. MILLER, murder. {from Jasper Co.}
Transcript: indictment filed 25 March 1867 charges that on 5 Aug 1866 John J. Miller assaulted William H. MARTIN by shooting him in the left arm with a revolver, the wound resulting in Martin's death. No date of death given. Transcript also states Miller arrested by James F. GIBSON, Sheriff Lawrence County, 23 May 1867, and transferred to Jasper County on 24 May 1867.
Affidavit: 10 July 1867; John J. Miller makes oath and say that he is a prisoner in the custody of the Sheriff of Lawrence County Mo and that he is unable to procure the necessary food. John J. Miller (X) his mark. Subscribed and sworn to before me this 10 Jul 1867, Henry C. LOLLAR, Clerk.
Subpoena: 26 Aug 1867; Jo RHODEN and wife, Jno BURK and Martha MCAMORI -for defense; Not found in county 25 Sep 1867, S. H. {last name illegible}, Sheriff.
Subpoena: 26 Aug 1867; Evan BURK, Wiley KIRK, Noah MEYERS, Colman PAUL and Amos FOSTER for state; executed 27 Sep 1867 to Paul and Foster; to Kirk on 8 Nov 1867 and to Burk and Meyers on 9 Nov 1867.
Subpoena: 6 Apr 1868; Nancy MILLER for defense; served 4 May 1868 by John S. POINDEXTER {Lawrence Co.}
Subpoena: 6 Apr 1868; Joseph RHODES, John Burk and Martha MACIMORE for defense; not found in Jasper County 2 May 1868; S. H. CALDWELL, sheriff.
Subpoena: - May 1868; Wiley Kirk, Capt. FOSTER, Evans Burk, Noah MYERS and Coleman Paul for state; executed 9 May 1868 to Coleman Paul in Lawrence County; Kirk, Foster, Buck and Myers not found in county, by W. A. MOODY, deputy sheriff {Lawrence Co.}
Bill of costs: 18 May 1868; James F. GIBSON, sheriff of Lawrence County for guarding prisoner John J. Miller from 5 Aug 1867 to Nov 1 1867, 89 days, $89.00.

147. State of Mo. vs Thomas JONES, disturbing religious worship.
Indictment: 11 Nov 1867; H. H. NEECE, Grand Jury foreman; state witness, W. J. KING; charges that on __ Jul 1867 Jones disturbed a congregation of people met for religious worship by noise, rude and indecent behavior and profane discourse within their place of worship.
Capias: 11 Nov 1867; Thomas Jones; executed 16 Nov 1867 by P. F. CLARK, deputy sheriff.

148. State of Mo. vs Hiram WALLER, selling liquor without a license.
Indictment: 10 May 1867; charges Waller sold one pint of whiskey to E. D. BURTON on or about 1 Feb 1867; B. L. HENDRICK, County Attorney; T. R. WHALEY, Grand Jury foreman.
Capias: 10 May 1867; Hiram Waller; returned 15 May 1867, prisoner entered recognizance.
Subpoena: 20 May 1867; E. D. Burton for state; executed 20 May 1867 by P. F. CLARK, deputy.
Subpoena: __ Nov 1867; E. D. Burton for state; executed 6 Nov 1867 by W. A. MOODY, deputy.
Notation on outside of bundle reads: Fine 440, $40.00.

149. State of Mo. vs Mastin BREEDEN and Isaac J. WEST, forfeiture of recognizance.
Sci Fac: 1 Feb 1867; Regarding bond given 19 May 1865 by Breeden with West as security in sum of $1000 each on condition that Breeden appear in fall term 1865 to answer an indictment for grand larceny.
Answer to Sci Fac: Breeden was in Sedalia, Mo, with a large drove of cattle a short time prior to the term and could not obtain cars to transport the cattle to St. Louis and because of said delays he could not appear at said court without very great damage to himself.
Motion: 5 Nov 1867; to strike answer to scifa because said answer does not set up a defense; filed by B. L. HENDRICK, County Attorney., in absence of circuit attorney.

150. State of Mo. vs A. L. PHARISS, selling liquor without a license.
Indictment: 9 Nov 1867; H. H. NEECE, Grand Jury foreman; state witnesses, J. W. PRICE, Isaac BAIRD, Oscar WEAR and Charles YOUNG; charges that on __ day of ___ 1867 Phariss sold one pint of whiskey (value $1.00), and on __ day of ___ 1867 Phariss sold one half pint whiskey (value $.50); and on __ day of ___ 1867 Phariss sold one gilt (two ounces) whiskey (value $.20). Also charges on three additional occasions Phariss sold two more pints and another gilt. Six counts total.
Capias: 9 Nov 1867; A. L. Phariss; executed 12 Nov 1867.
Subpoena: 14 Mar 1868; J. W. Price, Isaac Beard, Oscar Wear and Charles Young for state; executed 28 Apr 1868 to Price, Beard and Wear and on 29 Apr 1868 to Young by W. A. MOODY, deputy sheriff.

151. State of Mo. vs A. L. PHARISS, selling liquor without a license.
Indictment: 13 Nov 1867; H. H. NEECE, Grand Jury foreman; state witness, A. G. MCCUNE; charges that on __ Jul 1867 Phariss sold one half pint whiskey (value $.50) without having a license.
Capias: 13 Nov 1867; A. L. Phariss; executed 14 Nov 1867 by P. F. CLARK, deputy sheriff.
Subpoena: 14 Mar 1868; A. G. McCune for state; executed 28 Apr 1868.

152. State of Mo. vs Charles YOUNG; disturbing the peace of a family.
Indictment: 15 Nov 1867; charges that on __ Aug 1867 John W. PRICE and Charles YOUNG disturbed the peace of the family of Eliza Gilbert by loud and unusual noise, loud offensive and indecent conversation, by threatening, quarrelling and fighting. Notation at bottom of indictment reads: Capias issued on each of the above persons named on this 15 Nov 1867, by J. S. WILSON, deputy clerk.
Capias: 15 Nov 1867; John W. Price; executed 16 Nov 1867 by P. F. CLARK, deputy sheriff.
Capias: 15 Nov 1867; Charles Young; executed 16 Nov 1867 by T. L. DOWNING, deputy sheriff.
Judgment: 26 Dec 1867; Charles Young paid $10 fine and $11.50 costs.

153. State of Mo. vs Robert H. WILLIAMS, forfeiture of recognizance.
Sci Fa: 1 Feb 1867; regarding forfeiture of recognizance (dated 19 May 1865) for Robert Williams with Catherine WILLIAMS and Mastin BREEDEN as his securities in the sum of $1000 each ... and answer to an indictment for grand larceny; executed 13 Feb 1867 {witnesses for reading of sci fa were Joseph P. MASON and Preston B. ROWLAND good and lawful men of the county and state} by James F. GIBSON, sheriff.
Answer to Sci Fa: (no date or signature) ... That in obedience to said bond ... was present ... during the November term of said Circuit Court in the year 1866; that the attorney whom he had employed to defend him in the trial ... was not present or attending said term; that he remained during the whole term thereof ... and did not know what steps were necessary or that any steps were necessary to be taken by him to protect himself from a forfeiture of said bond, that he did not hear his name called or the case called up during said term.

154. State of Mo. vs John WEAR, disturbing the peace of the neighborhood.
Indictment: 9 Nov 1867; H. H. NEECE, Grand Jury foreman; state witnesses listed as, A. J. PARSONS and Oscar WEAR; charges that on __ day of ___ 1867 John Wear disturbed the peace of the neighborhood of Mount Vernon by loud and unusual noise, loud and offensive language and indecent conversation.
Capias: 9 Nov 1867; John Wear; executed 12 Nov 1867 by P. F. CLARK, deputy sheriff.
Subpoena: 8 Mar 1868; A. L. PHARISS and Oscar WEAR for state; executed to Wear on 28 Apr and Phariss on 2 May 1868 by W. A. MOODY, deputy sheriff.
Notation on outside of bundle reads: Transcript to Greene County 9 Jul 1869.

155. State of Mo. vs Edward WEBB, felonious assault.
Indictment: 9 Nov 1867; true bill, H. H. NEECE, Grand Jury foreman; state witnesses, William STEVENSON, William W. RAMSEY, James HUNKLE?; charges that on __ day of ___ 1867 Webb assaulted William Stevenson with a piece of wood four feet long, four inches broad and one inch thick greatly maiming, wounding and disfiguring said Stevenson.

Capias: 9 Nov 1867; Edward Webb; executed 13 Nov 1867 by T. L. DOWNING, deputy sheriff.
Subpoena: 14 Mar 1868; William Stevenson, William W. Ramsey and James HENKLE for state; executed 22 Apr 1868 by T. L. Downing, deputy sheriff.
Subpoena: 4 May 1868; Isabell HINSHAW, Thomas TRUITT, Harriett HINSHAW, William BRIANT, Eliza A. HINSHAW for defense; executed 5 May 1868 by T. L. Downing, deputy sheriff.
Subpoena: 6 May 1868; Sarah J. GREER, James BUTT, Siras BRYANT, James WEBB and James BRYANT for defense; executed 6 May 1868 by John S. POINDEXTER.
Instructions to jury: 6 May 1868; if guilty must "essess {sic} punishment of confinement in state penitentary {sic}of not less than two nor more than five years or a fine not less than $100 or confinement in county jail of not less than six months or fine not less than $100 and not less than three months in county jail."
Instructs Affidavit: undated; refused by the court, that if the jury believe from the evidence that Stephenson threw a large stool at Webb prior to the defendant striking Stephenson and threatened to kill the defendant and that defendant had reason to believe from the acts and words of Stephenson that defendant was in emmit {sic} danger .. they will find the defendant not guilty. 2nd, if the jury believe that the defendant struck Stephenson with the paddle in self defense they will find the defendant not guilty.
Verdict: 6 May 1868; guilty and assess as a punishment for the commission of said offense a fine of one hundred dollars; William B. LANDRUM, foreman.
Motion for new trial: 6 May 1868; because the verdict of the jury is against the law and evidence. Signature of defense attorney illegible. Excepted.
Motion to arrest the judgment: 6 May 1868, signed by BRAY and MCCUNE attorneys for defense. Overruled.
Affidavit for appeal: 6 May 1868, filed 14 May 1868. Notation on back of affidavit states that a transcript was forwarded to Greene County District Court 27 May 1868.
Opinion District Court: 19 Jun 1868; 3rd Missouri District Court; Signed by Judge R. H. FYAN, with Judge B. H. EMERSON concurring and Judge John C. PRICE dissenting; "There is only one instruction given in the case and that for the State which reads as follows: 'The Court instructs the Jury that if they believe from the evidence that defendant struck Stephenson with a plank ... they will find defendant guilty.' We do not see how the jury could have found any other than a verdict of guilty under this instruction. Given as it was without any conditions or qualifications it takes all the evidence given from the jury except as to the question whether defendant struck Stevenson with a plank ... under the instruction of the court they could do nothing else than find a verdict of guilty. In fact the instruction took the whole case from the jury. We therefore reverse the judgment and reward the cause."
Depositions of witnesses: 29 Jul 1868 {sic} at law office of Charles A. WILLIAMS, a Notary Public in and for the County and State. Also present were B. L. HENDRICK, County Attorney, for the state and Nathan BRAY, attorney for the defense.
{Punctuation added.}
William Stephenson on the part of the state testified in substance as follows: Defendant struck me with a paddle on the head twice, the paddle was made of oak plank. Did not notice the plank. It was about two feet long, four inches wide. The licks cut my head some. This was done in Lawrence County Mo in 1867 in the summer. James Hinkle, Wm Ramsey, John Terrell and defendent's {sic} two brothers were there. They were all that was present. The dificulty accured {sic}just out side the school house. There were others inside the house. Defendant was in the house when his brothers and I had a dificulty {sic}. I had a piece of a stool in my hand but was not doing or saying anything.
William Ramsey swore substancially {sic} as follows: I know the deft, the prisoner is the man. I was present at the school when the defendant and Wm Stephenson had a dificulty {sic}. Defendents {sic}brothers and Stephenson got into a fight. Stephenson had a stool raised over the head of defendent's {sic}brother. It was made of walnut. The defendant come out of the house and struck him with a paddle and Stephenson threw the stool at the defendant. Then defendant struck Stephenson again and Stephenson drew up a chair and the defendant took it from him and threw it and the paddle down-- the paddle was one and a half feet long four inches wide and one inch thick. I think Webb struck first.
James Hinkle testifies substancially {sic} as follows: Wm Stephenson and one of the defendants younger brothers got into a fuss and Stephenson give him the _____ _____ (derned lie) and took up a stool to strike defendants brother and the defendant saw it and run out of the house. As he run by me he picked up a cat paddle and struck Stephenson and Stephenson threw a bench he had drawn at the defendant. Stephenson then drew up a chair to strike deft and deft took the chair out of his hands and threw the paddle and chair both down. Saw some blood on Stephensons head. This accud {sic}in August 1867.
Isabel Hinshaw testifies on the part of the defendant in substance as follows: I was present when the defendant and William Stephenson had a dificulty {sic}at the school house in the summer of 1867. Stephenson and defendants brother was in a fuss and defendant run out of the house and when he was about half way from the door of the house to where Stephenson was, Stephenson threw at defendant a large plank or slab of wood. He threw it hard and it would have struck the defendant had he not dodged the lick. Stephenson struck first.
Sarah Greere and Hariett Hinshaw testified to substantially the same facts as Isabel Hinshaw.
James Bryant testifies in substance as follows: I was present when the dificulty accurd {sic}between the defendant and William Stephenson. I was outdoors with them. I saw Stephenson and defendants brother get into a fuss and Stephenson raised my stool over defendant's brother's head, swore he would kill him. The stool was made of plank about 18 inches long, eight inches wide and one inch thick. Then the defendant came out of the house and when he had got about halfway from the door to where Stephenson and his brother were, Stephenson threw the stool at defendant and swore he would kill him. Then defendant picked up a cat paddle and struck Stephenson on the head once with his left hand and then threw the paddle down and Stephenson raised a chair over defendant and defendant took it from him and threw it down--defendant had nothing in his hands when Stephenson threw the stool at him and defendant struck Stephenson amediately {sic}after the stool was thrown at defendant. Stephenson struck the first lick.
James Webb testified to substantially the same facts.
Charles Webb and Robert Webb testified each as follows.
Charles Webb: I live in Lawrence County State of Missouri. Are acquainted with Wm Stephenson and was present when a difficulty occured {sic} between the defendant and William Stephenson in the fall of 1867 at a school house on Ozark Prairie. Mr. Joseph GREENE was teaching school at that place. One Thursday evening at recess Robt Webb and John Terrell commenced quarrelling outside of the school house and then the teacher called "books." Then William Stephenson told John Terrell to knock Robt Webb down and then he (Robt Webb) came on down to where us boys were. We had school out of doors. Then Stephenson accused my brother of stealing log chains and called him a God dam son of a bitch. My brother, Robt Webb, jumped up and cocked his fist, then Stephenson took up a bench and told him "God Dam him he would murder him." My brother was standing at the time and he held it (the bench) over him in a striking position swearing he would murder him at the time. At that time my brother Edward came out the door of the school house, picked up a small common cat paddle and then as he come Stephenson had that bench over Robert and he, Stephenson, threw the bench at defendant and he dodged this lick. At the time Stephens threw the bench at Edward Webb Edward Webb was not in reach or trying to strike Stephenson. After Stephenson threw this bench at Edward he (Edward) {illegible) and tap him lightly on the side of his (Stephensons) head. Edward struck him once only. There was nothing to prevent Edward from striking Stephenson more than once. Then Stephenson picked up a chair and hit Edward, then Edward took the chair away from him and threw the chair and paddle both down. Then Edward hit him. Then Stephenson drew his knife on him {illegible} time. Then the matter ended. Ima Hinkle, William Ramsey, Robert Webb, James Webb, James Bryant, Sarah J. Grier, Eliza Hinshaw, Harriet Hinshaw and myself were present at the time of the difficulty. Signed, Charles Webb.
Robert H. Webb: I live in Ozark Prairie, Lawrence County Missouri. Me and the Terrell boy were out playing cat last August above the school house. Bill Stephenson says, "Knock him down John." The teacher he called "books." Bill Stephenson accused me of stealing log chains then he called me a God damn Son of a bitch" and I jumped up and drew my fist on him and then he drew a stool on me about 18 inches long, 1 1/2 inches thick and about a foot wide. He raised the stool over me and swore he would kill me. Then my brother Edward came out of the school house and after he turned the corner of the house he picked up a small cat paddle. Before Edward got within twelve feet of Stephenson, Stephenson threw the stool at him and he dodged it. He lambed at Edward just as hard as he could. Edward was not trying to strike Stephenson at the time he threw the bench or stool at him. Immediately after Stephenson threw the bench, my brother Edward went up to Stephenson and tapped him lightly in the head with the cat paddle but did not knock him down. Bill Stephenson drew his knife on the defendant. Also drew a chair on defendant and threatened to kill him. My brother took the chair from Stephenson and threw it down with the cat paddle. Stephenson threw the bench at the defendant before the defendant did anything to Stephenson. Signed, Robert H. Webb.
James Bryant: I live in Ozark Prairie in the County of Lawrence State of Missouri. I was at the school house when Wm Stephenson and Edward Webb had a difficulty. I saw Stephenson draw a bench over Robert Webb about 18 inches long, a foot wide and an inch and half thick and swear that he would kill him. Robt Webb and Edward Webb are own brothers. Stephenson threw the bench at Edward Webb with great force and it would have hit him if he had not dodged. At the time Stephenson threw the bench at Edward Webb, Edward Webb was not saying or doing anything to Stephenson. Edward then struck Stephenson with his paddle, held in his left hand and then he threw the paddle down. Stephenson drew a knife on Edward Webb and threatened to kill him. Signed, James Bryant.
Subpoena: 27 Oct 1868; Isabell Hinshaw, Harriet Hinshaw, Eliza Hinshaw, Sarah J. Greer and Jas. Bryant for defense; executed by T. L. Downing 28 Oct 1868.
Subpoena: 27 Oct 1868; Robert Webb, Charles Webb, James Webb and John Steward for defense; executed by T. L. Downing, deputy sheriff 27 Oct 1868.
Subpoena: 4 Nov 1868; William W. Ramsey, Margaret GLASSCOCK, Marion GLASSCOCK, Emily Terrell and James HINKLE for state; executed 7 Nov 1868 by T. L. Downing, deputy sheriff. James Hinkle not found in county.
Subpoena: 7 Nov 1868; Thomas FORD and John Terrell for state; executed 10 Nov 1868 by G. N. {last name illegible}. Thomas Ford not found in county.
Subpoena: 19 Apr 1869; Isabil Hinshaw, Harriett Hinshaw, Eliza A. Hinshaw, James Bryant, John Stewart, Robert Webb, Charles W. Webb, James Webb and Sarah Greer for defense; executed 27 and 28 Apr 1869 by H. JOHNSON, deputy sheriff for Thos. B. SAMUEL, sheriff.

156. State of Mo. vs Dr. L. ULMAN, selling liquor without a license.
Indictment: filed 15 Nov 1867; H. H. NEECE, Grand Jury foreman; charges that Dr. L. Ulman on the __ day of ___ AD 1867 sold {three counts} two half pints whiskey, value $.50 each and one pint whiskey, value $.50.
Capias: 15 Nov 1867; Dr. L. Ulman; served 16 Nov 1867 by T. L. DOWNING, Deputy Sheriff.
Subpoena: 14 Mar 1868; Aaron COKER and George HALEY for state; served 28 April and 4 May 1868 respectively by W. A. MOODY, Deputy.

157. State of Mo. vs Dr. L. ULMAN, selling liquor without a license.
Indictment: filed 9 Nov 1867; H. H. NEECE, Grand Jury foreman; charges Ulman on __ day of ___ AD 1867 {two counts} sold two pints whiskey. value $1.00 each.
Capias: 9 Nov 1867; Dr. L. Ulman; served 15 Nov 1867 by W. A. MOODY, Deputy.
Subpoena: 14 Mar 1868; J. W. PRICE and Charles YOUNG for state; served 28 and 29 April 1868 respectively by W. A. Moody, Deputy.
Subpoena: 6 May 1868; Wm F. BRACKENRIDGE for defense; served to BRECKENRIDGE on 6 May 1868 by P. F. CLARK, Deputy.

158. State of Mo. vs Philip J. HILL, mistreating a child.
Indictment: 25 Nov? 1865; George W. RANDOLPH, circuit attorney; B. W. W. RICHARDSON, Grand Jury foreman; charges Hill on __day of ___ 1864 maltreated and abused the person of Lill? HILL.
Capias: 26 May 1865; Philip Hill; served and bond taken 29 May 1865 by James HENSLEY, Deputy..
Subpoena: ? Nov 1865; Martha A. BINGAMAN, David SHIPMAN, James CRISMAN and Houston BECK for state; served to Beck 10 Nov 1865, Shipman 11 Nov 1865; Bingaman and Chrisman not found in county by Wm. ANDERSON, Deputy.
Subpoena: 23 Apr 1866; Martha A. Bingaman, David Shipman, James Chrisman, Houston Beck and Lot HACKNEY for state; execution reads "executed the within by reading the same to David Shipman Martha Bingaman James Crisman Huostin Beck & Lot Hackney is not found in my county this 3rd day of May 1866, A. P. Gibson Sheriff. {sheriff's fee was $2.15)
Subpoena: 8 May 1866; Lot Hackney for state; execution reads "the within Lot Hackney not found in my county this 1 Nov 1866" {name illegible, deputy}.
Capias: 12 Nov 1866; David Shipman, Martha Bingaman, James Chrisman and Houston Beck to testify for the state and answer contempt charges for not obeying supaena {sic} in this cause; executed by taking body of Shipman before the court {no date}, Bingaman, Beck and Chrisman not found in county 13 Nov 1866.
Subpoena: 14 Nov 1866; Susan CLUCK; served 16 Nov 1866 by David Shipman. Subpoena: 14 Nov 1866; Henry CHRISMAN; for state; executed by leaving a copy of same with at place of abode with a member of family over 15 years of age on 19 Nov 1866.

159. State of Mo. vs William POE, breach of peace.
Affidavit: 25 Oct 1865; charges Poe on 24 Oct 1865 and divers other days before that day threatened to kill and murder Thomas HOWELL, signed by Thomas B. Howell; sworn before James W. DAVIS, J.P.
Capias: 25 Oct 1865; William Poe; executed 28 Oct 1865 by James F. GIBSON, Deputy.
Subpoena: 28 Oct 1865; L. M. JOHNSON and J. B. CARTER for state; executed 28 Oct 1865.
Examination of witnesses: 28 Oct 1865.
Thomas B. Howell gives oath and says: William Poe did tell me that I should not stay here that I should leave the country or he would kill me. This conversation taken place at L M Johnson{'s). The defendant appeared mad and was armed with a revolver. I was living at Mr. Johnson's at that time. This taken place about the 23th day of October 1865 in Lawrence County and State of Missouri. Thomas B Howell {his signature}.
Jacob B. Carter makes oath and says: the prisoner William Poe said that Thomas B. Howell should not stay in this country. This was on or about the 15th of October 1865 in Mt. Vernon Lawrence County Mo. Said Poe was carrying a revolver at that time. Mr. Howell was not present when the above conversation taken place. Jacob B. Carter {his signature}.
Lafayette M. Johnson makes oath and says: The prisoner William Poe said that Thomas B. Howell could not live in this country. This was on or about the 24th day of October 1865, and at other times before that time {illegible} use of the same words. The above conversation came up by William Poe inquiring for Thomas B. Howell as though he wanted to find him and said he intend{ed} to find him if it taken until midnight and I requested him (defendant) not to go to my house, that I did not want any fuss there. He appeared mad at that time. Defendant was carrying a Revolver at that time. This was in the town of Mt. Vernon in Lawrence County Missouri. Thomas B. Howell was living at my house at that time. Question by defendant: Did not Mr. Howell tell you that he would have to kill me defendant or leave the county? Answer: he did not but Mr. Howell said he would have to leave or be killed. Lafayette M. Johnson (x) his mark.
Recognizance: 28 Oct 1865; William Poe with Henry Reynolds as security, $100 each; William Poe, his mark; Henry Reynolds, his signature.
Transcript: filed 6 Nov 1865; to circuit court, includes bill of costs from J.P. {$6.15}; not a true bill. {Interesting art work on document. Rough sketch of hand with index finger pointing to the statement "Bound over to keep the peace.”}
Execution: 23 Aug 1867; "to command you that of the goods and chattles and real estate of the said Thomas B. Howell, you cause to be made the said costs ($6.35), and that you have the same before the Judge of this court on the first day of the next term, Nov 1867, to satisfy the same; return says within execution satisfied in full this 12 Nov 1867, W. A. MOODY, Deputy.

160. State of Mo. vs Ruth DURNELL, infanticide, concealing the birth of a child.
Warrant: 9 Jan 1867; Ruth DURNILL {for infanticide}; executed by D. T. J. COLLEY.
Subpoena: 9 Jan 1867; N. B. HOCKER, {Maggie SIMS, name crossed out}, Narsissa MELTON, Eliza CARTER and Martha HENRY for the state; to appear at ten oclock on 10 Jan 1867 in the foreroom at A. J. DURNELL's residence in Mt. Vernon; executed by D. T. J. Colley.
Warrant: amended in open court 10 Jan 1867; Ruth Durnill; executed by D. T. J. Colley.
Subpoena: 10 Jan 1867; {names John D. HOCKER and Hiram WALLER crossed out} Susan GRAY, Amanda STALEY for the state; to appear {see subpoena of 9 Jan 1867}; executed by D. T. J. Colley.
Subpoena: 11 Jan 1867; John HOCKER, Mrs. MILSAPS, Eliz. HAMILTON, Mrs. FRENCH; to appear 11 Jan 1867 at residence of A. J. Durnell; executed by D. T. J. Colley, constable.
Examination of witnesses: before James W. DAVIS, J.P. 10 and 11 Jan 1867.
Eliza Carter for the state saith: Myself and Mrs. Sims were passing along together and found an infant child laying on the ground. The child appeared to me to be dead. This was in December last. This was about fifty yards from Mr. Durnill's shop in Mt. Vernon. Elia J. Carter (her signature).
Mrs. Narcissis Melton saith: I saw a child laying below Mr. Durnill's shop on the side of the hill. Looked at it as it lay. I put my hand on its arm to see if it was ?frozd. Did not think it was ?froz. It was dead. This was about four or five weeks ago. Marcissa Melton (x) her mark.
N. B. Hocker saith: On or about the 12th Dec was told that there was a child found down in the hollow. I went down and in going down overtook Mr. Leathers. Next on down to where we saw a couple of ladies standing and these found the dead body of a newborn infant. I was summoned as a witness before the inquest that was held over that body. Examined the child. On examination I found the umbilical cord wrapped around its neck. The cord a little over two feet long. Found no acts of violence on the child. Believe it to have been born at its proper time. I believe that it was born alive. The general appearance of the child indicated that it was born alive. This was in Lawrence County Missouri. Death may be produced by the wrapping of the umbilical cord in the manner that I found it wrapped around the neck of this child. I would state that after examining the child the {illegible} came to my mind as to whose is was. Commenced looking around to see if I could find anything that would throw any light and discovered a drop or two of blood some three or four feet from where the child lay and then commenced hunting and found the trail of blood along. Several others by this time {illegible} also looking and followed the blood {illegible} around in Durnill's Blacksmith shop to Mr. Durnill's house and came to the door and someone opened the door and discovered some blood on the floor. There is always a flow of blood immediately after the birth of a child and may continue for some time. Does not necessarily follow that the flow of blood will continue for any length of time. Crossexamination: I open{ed} the chest so as to see the lungs at the coroner inquest. From the situation of the lungs I thought that they had been expanded. Questioned by defense: How did the lungs show that they had been expanded? Answer: by the natural size and by the feel. There were no indications except the general appearance. Dr. John Hocker and Dr. Waller were present at the time. The lungs when dead born are generally compact and harder than they were in the case of this child. The position of the lungs were within natural position. {In} a child that has never breathed the lungs are more compact that when it may have breathed. A child that has never breathed the lungs lay above the diaphragm. The position of the lungs in a child that has breathed the position is always the same. The difference in the lungs of a child that has breathed and one that has not breathed is that in the child that has breathed the lungs are, I think, a lighter color. The lungs of the child examined were of a lighter color than I think they would have been if it had not breathed. My impression is that the child was not born where it was found. Does a flow of blood ever preceed {sic} birth? Answer: it may, but not as a general rule. I did not discover more than one trail of blood. A child may breath immediately after the expulsion of the head and at that time the cord may produce depression around the neck and produce death before being delivered. And the lungs would be the same as if it had been expelled alive. It is the breathing that produces the changes in the lungs. The appearance of a child that comes to its death by freezing is that it is stiff and rigid and would be the same if it was frozen after death. Do not know that I can point out what difference there would in a body frozen after death and one that came to its death by freezing. Cannot tell whether the child in question came to its death by freezing or whether it came to its death by other means. Do not know the cause of the death of the child. The weather was very cold on the morning I saw the child. N. B. Hocker, his signature.
Martha Henry says: I come up here and think that Mrs. Simes asked Ruth Durnil if the child was born dead or not and she said that it was born dead. To the best of my recollection she said it was born in this house. She said that she would not tell any lie about it because she did not think it would be any more harm to have killed the child than to do what she did with it. She said she taken the child down where it was found. Mrs. Sims asked her if any person in the house knew anything about it and she said they did not. This conversation took place about three or four weeks ago. Martha Henry, her mark. Martha Henry recalled by the defendant says: The conversation had with defendant was in the foreroom and as well as I remember it was between nine and ten oclock. Amanda Staly and Susan Eney? were along and think that the Melton girls were along. First come into this room and then into the other room. I do not recollect whether I said anything to her not. Might have said something to her but do not remember now. Do not think I was in the house more than half an hour before defendant made this statement. Was in the house before this time but do not remember hearing her speak. I think that Eliza Carter and Mrs Sims were in the room when the conversation took place. There was some one passing backwards and forwards. Mrs. Simes was in this room when I went in, I think. I went away with Eliza and Mrs. Sims. She says that she was friendly with the defendant and is friendly with her now. Ruth Durnill never done her any harm.
The defendant being by the Justice informed of the charge against her and that she was at liberty to refuse to answer any question declined to make any statement.
Mrs. Politha Milsap saith: Was at this house on the morning the child was found. Amanda Staly, Miss Gray, Martha Henry, Mrs. Sims and Mrs. French were here. Do not think Martha Henry was here long. She left before I did. Saw Mrs. Henry and Mrs. Sims in the room. Do not remember anything that I heard Mrs. Sims say to Ruth Durnil. Did not hear anything said to Ruth Durnill. If they had said anything I think I would have heard it. If there was any statements made by Ruth Durnill to Mrs. Sims & Miss Henry I did not here {sic} it. I was in this room part of the time. Crossexamination: Ruth Durnill was in a diferent {sic} room (than) this. Was not in this room all the time that Mrs. Sims and Martha Henry was there. Reexamination: If there had been any conversation in the {other} room I could have heard it in this room unless they had talked very low. To the best of my recollection I was in these two rooms all the time Martha Henry remained here. Perlete MILLSAPS, her mark.
Margaret French saith: Was here on the morning that the child was found between nine and ten oclock. Mrs. Sims, Mrs. Milsaps, {illegible} and Martha Henry were here. Ruth Durnill was in the back room. Martha Henry remained about a quarter of an hour. Ruth Durnill made no statements during the time that Mrs. Sims and Martha Henry were here. Mrs. Durnill was in the room when I came. When Miss Henry left the house her sister went with her. It was about ten oclock or little after when I left. Crossexamination: I went into the room that Ruth was in and Miss Henry and Mrs Sims came in afterwards and remained in the room as long as they were there. Miss Henry came in this room before she left. I was in this room when Miss Henry left. Cannot tell exactly how long I remained after Miss Henry left. I suppose it might have been half an hour. Margaret French, her mark.
Mrs. Lavinia Durnill says: Who was in the room with Ruth on the morning that the child was born? Mrs. Milsap and Mrs. French came first then Mrs. Mullins came and then Martha Henry come. This was between eight and nine oclock. I was in the back room. All the time that Mrs. Sims and Martha Henry remained and they had no conversation with Ruth. I remained in the room all the time till about twelve oclock. Miss Henry was not in the room but the one time. Mrs. French {and} Mrs. Sims were in there at the time. If there had been any conversation with Ruth I would have heard. Ruth did not open her lips while they were there. Lavoni Durnell, her mark.
Dr. John D. Hocker says: Was present at coroner's inquest about the 12th Dec last on body of a child. Dr. Waller and Dr. N. B. Hocker were present. The examination consumed about ten minutes. Did not arrive at any conclusion as to whether the child had been born dead or alive. Do not think the examination was extended sufficient to arrive at any conclusion as to whether the child was born dead or alive. I did not see any evidence that it had ever lived. In order to arrive at a conclusion it would have been necessary to examine the lungs particularly as to right volume, room occupied in the chest, the relative position of the lungs in the chest, dimensions of the chest and also as to the {illegible} circulation of the blood. In a particular examination the liver might be examined. The examination that took place was simply disection {sic}of the body externally and a mere exhibition of the lower portion of the right lung. I think it is impossible for any physician to arrive at whether the child was born alive or dead from the examination made. Would say that it would take an hour or two to arrive at an opinion. It would depend upon how expeditious the examination was made and might require some little time for preparations. John D. Hocker, his signature.
Transcript: 22 Mar 1867; J. W. Davis, J.P.; includes bill of costs; lists examinations of Eliza CARTER, Marcissia MELTON, N. B. Hocker, Martha Henry, Politha Milsaps, Margret FRENCH, Mrs. Louisa {or Lovisa} DURNELL and John D. Hocker.
Recognizance of witnesses: 12 Jan 1867; Marcissia Melton, Eliza Carter, N. B. Hocker and Martha Henry; $50 each.
Recognizance: 12 Jan 1867; Ruth Durnell with William J. WILLIAMS as security; $500 each.
Indictment: 15 May 1867; B. L. HENDRICK, County Attorney.; T. R. WHALEY, Grand Jury foreman; a true bill; charges Ruth Durnill on 12 Dec 1866 concealed the birth of a child and left said child on the ground and exposed said child to the cold weather.
Capias: 27 May 1867; Ruth Durnill; executed and bond taken 15 June 1867; James F. GIBSON, sheriff.
Recognizance: filed 14 Jun 1867; Ruthy Durnell with William J. Williams as security; $1500.
Subpoena: 4 Oct 1867; N. B. Hocker, Narcissa Melton, Martha Henry, Margaret Sims, Eliza Greer; executed to Hocker, Melton and Henry; Margaret Simms and Eliza Greer are not residents of the county 9 Nov 1867.
Motion to quash: 5 Nov 1867; by WILLIAMS & BRUMBACH, attorneys for defense; because the indictment is insufficient in that it does not charge that defendant concealed the child "so that it may not be know whether it was born alive or not."
Indictment: 15 Nov 1867; not a true bill; H. H. NEECE, Grand Jury foreman; charges that on 12 Dec 1866 Ruth Durnill privately and secretly took said child from the house in which the child was borned, to a place some two hundred yards from and then and there privately and secretly depositing the same upon the ground and then and there leaving the same exposed to the clemency of the weather; so that it might not be known whether the said child was borned alive or not.

161. State of Mo. vs George N. HOLDEN, robbery.
Subpoena: 10 May 1864; Mrs. WILEY, J. HARPER, Mrs. Samuel SCOTT, Marker? T. BOTTOMS for defense; executed 11 May 1864 by William MULLINS, deputy.
Subpoena: 10 May 1864; Nathan HALTITE? and Jace WEST? for state; executed 11 May 1864 by William Mullins, Deputy.
Indictment: 12 May 1864; charges George N. Holden on 13 Aug 1861 took one pistol revolver {value of $10} and one dirk knife {value of $1} from William E. BIDDLECOMB; Nathan BRAY, Circuit Attorney pro tem.
Subpoena: 12 May 1864; Alvin C. SHEPPARD and Joseph MCHNORME? for state; executed 12 May 1864 by Henry CHILDRESS, sheriff, to Alvis A. SHEPPERD and Joseph MCANDREWS.
Subpoena: 12 May 1864; Martin P. BOTTOMS and William WOODS for defense; return states "ordered not to be served by defendants attorney 12 May 1864," C. GEORGE, Deputy.
Instructions to jury: 12 May 1864; if ... men ... assembled together and that defendant was one of them to do an unlawful act ... putting William E. Biddlecum in fear of ... injury to his person ... took from him one pistol a revolver and a large knife they will find the defendant guilty .. if guilty .. not less than 10 years in penitentiary.
Subpoena: 17 Nov 1864; Anderson STARRETT for defense; executed 17 Nov 1864 by Henry Childress, sheriff.

162. State of Mo. vs Robert ORR and others, disturbing religious worship.
Indictment: 9 May 1867; charges Robert Orr, Lamar ATWATER and Wilson NEWSON? Jr. did in Jan 1867 disturb a congregation of people; B. L. HENDRICK, County Attorney.; a true bill; T. R. WHALEY, Grand Jury foreman.
Capias: 11 May 1867; Lurman Atwater; executed 13 May 1867 by P. F. CLARK, deputy.
Capias: 9 May 1867; Robert Orr; executed 11 May 1867 by J. B. UNDERWOOD, deputy.
Capias: 9 May 1867; Wilson HENSON? Jr.; executed 11 May 1867 by Jacob LOLLAR, deputy.
Subpoena: 9 May 1867; Daniel BROWN and Nelson SPRING for state; in State vs Luman Atwater; executed 11 May 1867 by J. B. Underwood, deputy.
Subpoena: 13 May 1867; Thomas HIRKINUM? for defense; in State vs Robert Orr; executed to Thomas HICKMAN 12 May 1867 by P. F. Clark, deputy.

163. State of Mo vs Polly Ann FLIPPO, assault with malice.
Indictment: 17 Nov 1866; charges William C. FLIPPO and Polly Ann Flippo beat one Margaret MATHIS with intent to feloniously maim; James F. HARDIN, Circuit Attorney Pro Tem; a true bill; James M. MOORE, Grand Jury foreman.
Capias: 21 Feb 1867; William C. Flippo; return reads "is not now and has not been a resident of Lawrence County since this writ came into my hands ... 13 Apr 1867 by P. F. CLARK, deputy.
Capias: 21 Feb 1867; Polly Ann Flippo; return reads "is not a resident of Lawrence County but has deported to parts unknown ...” 13 Apr 1867 by P. F. Clark, deputy.
Subpoena: 28 Feb 1867; Margaret Mathis for state; no execution recorded.

164. State of Mo. vs George E. JAMES. {from Jasper Co.}
Charged with assault and battery on Jesse CRUM. Defendant Frank ASHONS acquitted; defendant George E. James found guilty by Jasper Co. jury. Case opened and filed in Lawrence County 29 Apr 1867.

165. State of Mo. vs Sarah BLACK, killing cattle. {from Jasper Co.}
Jasper Co. indictment charges that 15 Feb 1867 Sarah Black administered a large dose of poison towit strychnine to one mare the personal property of one VANBRUNT. Motion for change of venue argues prejudice of citizens of county.
Affidavit: 11 June 1867; Lawrence Co., Sarah Black makes oath and says that she is a prisoner in custody of the Sheriff of said county and that she is unable to buy or procure his necessary food. Sarah Black x her mark.
Motion to discharge defendant: 13 Nov 1867; because the defendant has been present for two terms of court and in custody of the sheriff for two terms of the court and has not been brought to trial; N. BRAY, atty.
{Bundle contains copies of depositions of character witnesses from Dallas County, Iowa, same as bundle #100.}

166. State of Mo vs Jasper ROBERTS, taking timber.
Indictment: 15 Nov 1867; charges Roberts on 1867 cut down and carried away a large quantity of timber to wit five trees of the value of $20 from the land of Sarah SIMMONS?; Geo. W. RANDOLPH, Circuit Attorney.
Capias: issued 15 Nov 1867; reissued 21 Nov 1867; Jason Roberts; executed 1 Apr 1868 by P. F. CLARK, deputy.
Recognizance: 1 Apr 1868; T. J. Roberts with Z. S. MILLER as security {their signatures}; $100.
Subpoena: 6 Apr 1868; William SIMMONS for state; executed 1 May 1868 by John S. POINDEXTER, deputy.
Subpoena: 2 May 1868; William CARMAN and William Simmons for defense; executed to Simmons 4 May 1868; Carmon not found in Lawrence County 5 May 1868 by P. F. Clark, deputy.
Subpoena: 4 May 1868; James SIMMONS and Wash GARNER for defense; {execution inaccessible, partially glued to other pages.}
Subpoena: 11 May 1868; John COLSTON for defense; executed 11 May 1868 by P. F. Clark, deputy.
Subpoena: 11 May 1868; John CHERRY for state; executed 12 May 1868 by G. N. SPRING.

167. State of Mo. vs John DAVIS, gaming.
Capias: 21 Nov 1867; John Davis; executed 3 Apr 1868 by P. F. CLARK, deputy.
Recognizance: 3 Apr 1868; John Davis with Joseph C. BERRY and J. B. JONES as securities; $100.
Subpoena: 6 Apr 1868; John Davis for state; executed 1 May 1868 by John S. POINDEXTER.
Subpoena: 5 May 1868; John CALDWELL for state; executed 5 May 1868 by P. F. CLARK, Dept.
{May be related to bundles 138 and 140?}

168. State of Mo. vs Robert CROCKETT, selling liquor without a license.
Capias: 15 Nov 1867; Robert Crockett; execution not recorded.
Indictment: 21 Nov 1867; charges Robert Crockett on 1867 sold one pint {$1} and one quart {$2} without having a dram shop keepers license.
Capias: 21 Nov 1867; Robert Crockett; executed and bond taken 7 Mar 1868 by P. F. CLARK, deputy.
Recognizance: 7 Mar 1868; Robert Crockett with Daniel SLOAN as security; $150; their signatures.
Subpoena: 14 Mar 1868; Thomas ALLEN for state; executed 28 Apr 1868 by W. A. MOODY, deputy.

169. State of Mo. vs HARGROVE et al., assault and battery.
Warrant: 9 Nov 1867; Voluntine HARGROVE, Thomas HARGROVE, William HARGROVE and John S. HARGROVE; on complaint of John BOND that above named assaulted and beat said Bond; executed 12 Nov 1867 by W. A. MOODY, deputy.
Witness Recognizance: 19 Nov 1867; John Bond, B. M. SULLIVAN, T. W. LEWIS, Wm. WHITMAN, their signatures, and Mary COSTLEY, James MEANS, their marks; $50 each.
Appeal Bond: 19 Nov 1867; William W. Hargroves, John S. Hargroves, William V. Hargroves and Thomas L. Hargroves as principals with Benjamin L. HENDRICK and R. H. LANDRUM as securities (their signatures); $800.
Appeal: 19 Nov 1867; A. G. MCCUNE, attorney for plaintiff, makes oath and says the appeal taken in this cause is not made for vexation or delay but because the defendants believe they are injured by the judgment of the justice.
Transcript from Justice DAVIS to Circuit Court: 26 Nov 1867; states warrant executed 12 Nov 1867 and defendants not being ready for trial gave bond with Wm. BOUCHER as security. Continued to 16 Nov 1867. Mary COSTLY notified to attend as witness. Following were sworn as jurors: Z. T. NEWMAN, Robert CASTILLER, J. B. TOMLINSON, Robert DOWNING, G. W. CHEWNING and L. E. GILLETT who after hearing the evidence returned a verdict of guilty as charged in the affidavit and assessed fines as follows: William Hargrove, Voluntine Hargrove and John S. Hargrove each fined $100 and Thomas Hargrove fined $25. Bill of costs attached; total $20.00.
Subpoena: 5 May 1868; Elland MOORELAND for defense; return partially glued, "not in Granby Missouri. Wee no noone in McDonald County by this name."
Subpoena: 4 Nov 1868; Bay {Benj.} SULLIVAN, John COSTLY, Mary Costly, Pate ANDERSON Sr., Pate ANDERSON Jr., James R. MEANS for state.
Recognizance: 5 May 1869; Wm. W. Hargrove, W. V. Hargrove, John S. Hargrove and Thomas Hargrove as principals and R. H. Landrum and Daniel SLOAN as securities; $800.
Subpoena: 6 May 1869; Sarah WHEELER for defense; executed 6 May 1869.
Subpoena: 6 May 1869; Pate Anderson Sr., Pate Anderson Jr., and Mary Costly for state.
Subpoena: 6 May 1869; John Costly and Benj. Sullivan for the state.
Instructions to jury: 8 May 1869; "...that the said John Bond placed his hand on his pistol and that Hargrove took hold of him but did not strike him they will find the defendant not guilty," and "...that Valentine Hargrove had reason to believe that Bond was about to inflict on him some great bodily harm and he only used sufficient force to prevent the same they will find the defendant not guilty."
Verdict: 8 May 1869; State vs Valentine Hargrove; not guilty; Thomas GOAD? foreman.

170. State of Mo. vs John W. PRICE, disturbing religious worship.
Indictment: 9 Nov 1867; a true bill; state witnesses J. M. FILLER, M. H. LAIN, Mrs. Nathan BRAY and J. D. HILLHOUSE; charges that on __ day of ___ AD 1867 John W. Price disturbed a congregation of people met for religious worship by making a noise so near to the place of assembling as to disturb the order and solemnity of the meeting.
Warrant: 9 Nov 1867; John W. Price; executed 12 Nov 1867 by W. A. MOODY, deputy.

171. State of Mo. vs Richard MCFALL, gaming.
Indictment: 13 Nov 1867; charges William HUNT, William JOHNSON, Richard G. MCFALL and J. B. JONES on __ day ___ AD 1867 bet a large sum of money towit $.25 on a game of chance played by means of cards. Notation on indictment states warrants issued 13 Nov 1867 and reissued 21 Nov 1867 for all named.
Capias: 13 Nov 1867; William Johnson.
Capias: 13 Nov 1867; J. B. Jones.
Capias: 13 Nov 1867; William Hunt.
Capias: 13 Nov 1867; Richard G. McFall.
Capias: 21 Nov 1867; J. B. Jones; executed 3 Apr 1868 by P. F. CLARK, deputy.
Capias: 21 Nov 1867; William Johnson; executed 3 Apr 1868 by P. F. Clark, deputy.
Capias: 21 Nov 1867; Richard G. McFall; executed and bond taken 5 Mar 1868 by P. F. Clark, deputy.
Recognizance: 5 Mar 1868; Richard G. McFall with H. L. CALDWELL and William W. HUNT as securities (their signatures); $100.
Recognizance: 5 Mar 1868; William Hunt with Hannah HUNT and R. L. MCFALL as securities (their signatures); $100.
Recognizance: 3 Apr 1868; J. B. Jones with Joseph C. BERRY and John DAVIS as securities (their signatures); $100.
Recognizance: 3 Apr 1868; William Johnson (x) his mark with O. P. JOHNSON (his signature) as security; $100.
Subpoena: 21 Apr 1868; John R. JOHNSON for state; notation on document reads "Nolli Pros as to Wm Johnson 5 May 1868, page 519."
Execution: 3 Jun 1868; "judgment of $10 against Richard McFall and judgment for costs of suit ... take and keep the body of Richard McFall until discharged by due process of law." Execution is satisfied in full this 30 Oct 1868 by T. L. DOWNING, deputy. Costs and fine, $21.90.

172. State of Mo. vs John R. COX, forgery. {from Greene Co.}
Indictment charges John R. Cox on 2 Mar 1868 committed forgery by counterfeiting the name of T. J. WALLACE to a bond payable to John ? A. CHRISTOPHER. Filed Lawrence County on change of venue 9 Oct 1868. Defense witnesses subpoenaed included: S. WIES, Wm. PHILLIPS, Nathan PHILLIPS, W. J. COX, Wm. MCDONALD Jr., J. R. BLADES, Chas. O'NEIL, Asa ROPDOLE?, T. W. ALFORD, B. F. PLUMMER, J. R. ERANT, J. MCCARTHY, J. A. HUMBLE, W. R. WEBB, S. H. COOKER, {first name illegible} FRANTZ, C. C. CRISTMAN, G. W. DRUMRIGHT, J. BUMSS, C. W. LAYTON, J. M. ROUNTREE and Ino W. SISENBY.

173. State of Mo. vs Frank TONEY, selling the flesh of an animal slaughtered when diseased.
Information: 21 Jan 1869; Noah W. HENDERSON takes oath and states Toney on 5 Dec 1868 knowingly sold to P. M. SLAUGHTER and divers and sundry persons...
Warrant: 21 Jan 1869; Frank Toney; return states Toney was arrested and in default of bail was committed to jail 1 Feb 1869 by Thos. B. SAMUEL, Sheriff and R. S. WILKS, deputy sheriff.
Subpoena: 1 Feb 1869; Noah W. Henderson, P. M. Slaughter, C. MARSHELL, Barton SUNDEATH, G. D. CLEAR, P. S. STCLEAR, Robert PYLE, G. L. LADD for state; return states G. D. Clear and Burton SUDDOCK not found to execute this writ 3 Feb 1869, by A. W. GRAMMER.
Subpoena: 1 Feb 1869; Barbary Allen GILLIS and Charles HUDSON for defense; executed to Barby Allen Gillis and Charley Hudson on 2 Feb 1869 by A. W. Grammer.
Subpoena: 4 Feb 1869; John W. GIBB for state; executed 4 Feb 1869 by R. S. Wilks, deputy.
Instructions to jury: objected ... “that if they believe from the evidence that defendant and one Gillis slaughtered and sold beef to Dr. Slaughter the said beef being of an animal disease before slaughtered and that defendant knew the same at the time they will find deft guilty .. and assess his fine at not less than ten and not more than two hundred dollars.”
Verdict: 4 Feb 1869; not guilty; A. M. BURGESS, foreman.

174. State of Mo. vs Joe PATTERSON, petit larceny.
Affidavit: 15 Jan 1869; before James W. DAVIS, J. P.; John G. WEAR (his signature) swears that on or about 15 Jan 1869 one {names Charles WILSON and Felix WILSON are crossed out} Joe Patterson stole one pair of boots valued at five dollars and fifty cents property of John G. Wear.
Warrant: 15 Jan 1869; {names Charles Wilson and Felix Wilson are crossed out} Joe Patterson; executed 15 Jan 1869 by Thos. B. SAMUEL, sheriff.
Subpoena: 15 Jan 1869; Robert ARMUTH and Z. W. LEBOW for state in State vs {names Charles Wilson and Felix Wilson are crossed out} Joe Patterson; executed 15 Jan 1869 by Thomas B. Samuel, sheriff. {back of document inscribed State vs Felix Wilson.}
Witness recognizance: 16 Jan 1869; Robert Armuth, John G. Wear, T? W. Lebow, their signatures.
Transcript: I Feb 1869; includes bill of costs totaling $12.70.
Information: 1 Feb 1869; same as affidavit except boots identified as "kip boots."
Subpoena: I Feb 1869; John G. Wear and {Doc crossed out} J. W. Lebow for state; executed same day by Wm. C. JOHNSON.
Affidavit of defendant: 3 Mar 1869; Joe Patterson, his mark appears before justice Davis and swears that he is a poor person unable to procure the necessary provisions for his board.
Execution for costs: 3 Mar 1869; judgment against Joe Patterson endorsed at the sum of $17.05 to be paid first Monday in May. Return 29 April 1869 states "find no property in my said county whereon to lay this writ and therefore return the same not satisfied," Thos. B. Samuels, sheriff.

175. State of Mo. vs John W. PRICE, felonious assault with intent to kill and murder.
Recognizance: 13 Feb 1868; A. J. DURNIL, B. R. MATTHEWS, and Parnick JOHNSON (their signatures) as securities; $1000. {Price’s name not on document.}
Witness recognizance: 14 Feb 1868; Robert CRUMP, his mark, A. W. GRAMMER, W. P. BROWN and Oscar WEAR (their signatures)as securities; $50 each.
Transcript: 24 Feb 1868; "On this 13th day of February 1868 the justice on his personal knowledge and view of the offence ordered David T. J. COLLEY constable {Buck Prairie twsp} to arrest and bring before him the person of John W. Price for shooting at Robert Crump with a pistol with intent him the said Crump to kill and murder .. and affidavit is made by Robert Crump that on 13 Feb 1868 ... ; R. BRUMBACK attorney for state and Joseph ESTES attorney for defendant ... on 14 Feb 1868 defendant by his attorney waived the necessity of an examination and gave $1000 bond with Durnell, Mathews and Johnson as his securities; total costs $6.30. Filed 25 Feb 1868 circuit court as a true bill, J. M. MOORE, Grand Jury foreman.
Indictment: 8 May 1868; charges Price with felonious assault on 13 Feb 1868 on Robert Crump.
Warrant: 8 May 1868; John W. Price; {First return is completely crossed off: I, James F. GIBSON, sheriff of Lawrence County Mo hereby certify that I have executed the within by arresting and taking in charge the body of J. W. Price at the county of Lawrence on the 11th day of May 1868 and have him now in open court,” by W. A. MOODY, deputy.} Second return states: "I James F Gibson sheriff of Lawrence County Mo return the within writ not executed by order of plaintiff," by W. A. Moody, deputy.
{SEE ALSO BUNDLE 188}

176. State of Mo. vs William P. GARINGER, grand larceny.
Indictment: 13 Nov 1867; charges Garinger killed an animal to wit one heifer the personal property of David GRIFFITH on unspecified day in 1867; a true bill; H. H. NEECE, Grand Jury foreman.
Warrant: 13 Nov 1867; William P. Garinger; {return is glued to other documents}.
Warrant: 2l Nov 1867; William P. Garinger; executed and bond given 25 Mar 1868.
Bond: 25 Mar 1868; Wiliam Garinger (his mark) and William MOORE (his signature); $500; bond approved by R. H. LANDRUM, Probate judge and ex officio President of the County Court.
Subpoena: 30 Mar 1868; David Griffeth, William BROWN, John GARINGER and Wm. SIMS for state; executed to SIMMONS on 1 May and to other three on 28 Apr.
Subpoena: 16 Apr 1868; William MOORE, Clark SMITH and Henry MOORE for defense; executed 28 Apr to Moore and Moore and on 1 May to Smith.
Verdict: 6 May 1868; not guilty; William B. LANDRUM, foreman.

177. State of Mo. vs Richard M. LYON, exacting and receiving illegal fees.
Information: filed 4 Feb 1869; witness listed at F. L. RUTHERFORD; John Q. PAGE information makes that Richard M. Lyon on or about (unspecified day) was appointed inspector of Spanish, Texas or Indian cattle of Lawrence County Missouri and as such inspector did unlawfully and knowingly exact exorbitant and illegal fees as such officer of F. L. Rutherford in the County of Lawrence ... John Q. Page, circuit attorney.
Warrant: 4 Feb 1869; Richard M. Lyon; executed 4 Feb 1869 by Wm. H. JOHNSON, deputy.

178. State of Mo. vs R. M. LYONS, exacting and receiving illegal fees.
Information: filed 4 Feb 1869; same as information in bundle #177 except fee exacted of Thomas THOMAS on unspecified date in 1868.
Warrant: 4 Feb 1869; Richard M. Lyon; executed 5 Feb 1869 by Wm. H. JOHNSON.
Subpoena: 5 Feb 1869; Thomas Thomas (colared) {sic} for state; undated return states Thos. Thomas not found in county, Thos. B. SAMUEL, sheriff.

179. State of Mo. vs Timothy PENNINGTON, selling liquor without a license.
Information: 6 May 1868; George W. RANDOLPH, Circuit Attorney, swears Timothy Pennington on unspecified day in 1868 sold pint whiskey valued at $1.00 without license as dram shop keeper.
Warrant: 6 May 1868; Timothy Pennington; executed 7 May 1868 by W. A. Moody, deputy.
Execution of judgment: 30 May 1868; ... have recovered fine of fifty dollars and judgment for costs of suit ... of the goods and chattles lands and tenements of said Timothy Pennington ...; return states: find no property whereon to levy this execution and I further certify that Tim Pennington is not to be found in Lawrence County this Nov 2nd 1868, by W. A. MOODY, deputy. (Bill of costs totaled $60.00 including fine.}

180. State of Mo. vs Tim PENNINGTON; selling liquor without bond or oath.
Information: 6 May 1868; charges Pennington sold unspecified amount of alcoholic liquor on unspecified date in 1868 without having appeared before the clerk of county court and without having taken the oath not to adulterate the same and execute bond in the sum of $500 to pay all costs that may arise in the prosecuting of the same; state witnesses, William ANDERSON and Benjamin THAXTON.
Warrant: 6 May 1868; Timothy Pennington; executed 7 May by W. A. MOODY, deputy.
Execution of judgment: 30 May 1868; ... same as bundle #179 ... ; bill of costs totaled $50.00 including $40.00 fine; return same as bundle #179.

181. State of Mo. vs A. L. PHARISS, selling liquor without a license.
Indictment: 15 Nov 1867; charges A. L. Phariss on unspecified date 1867 sold whiskey, two counts, half pint and one pint valued at $.50 and $1.00 respectively; H. H. NEECE, Grand Jury foreman; state witnesses Aaron COKER and George HALEY.
Warrant: 15 Nov 1867; A. L. Phariss; return glued to back states executed 6 May 1868 by T. L. DOWNING, deputy.
Warrant: reissued 21 Nov 1867; A. L. Phariss; return states executed and bond given 6 May 1868 by T. L. Downing, deputy.
Subpoena: 6 May 1868; Aaron Coker and George Haley; executed 7 May 1868 by W. A. MOODY, deputy.

182. State of Mo. vs George HOWARD and Hugh L. THOMPSON, kidnapping.
Indictment: 15 Nov 1867; charges Howard and Thompson on 8 Sep 1867 kidnapped Charles Fremont SOUTHARD, a male child under the age of twelve, with intent to detain and conceal such child from James STINSON who was then and there the guardian of the person of said Charles Fremont Southard; G. W. RANDOLPH, circuit attorney; state witnesses Martha STINSON, Reuben LOLLAR, John SIMS, J. C STINSON, Anderson STARRETT and S. H. CALDWELL; H. H. NEECE, Grand Jury foreman.
Warrant: 15 Nov 1867; Hugh L. Thompson; no execution.
Warrant: 15 Nov 1867; George Howard; no execution.
Warrant: 21 Nov 1867; to sheriff of Jasper County; Hugh L. Thompson; executed by arresting and transporting to Lawrence County on 1 May 1868 by Saml. CALDWELL sheriff, Jasper Co. by Jas. A. BOLIN, deputy; 2 days bord {sic} and transporting $4.20 and capias $1.00.
Warrant: 21 Nov 1867; to sheriff of Jasper County; George Howard; execution same as warrant of 21 Nov for Hugh L. Thompson.
Subpoena: 4 May 1868; L. E. THOMPSON and Mary HOWARD for defense; executed 5 May.
Subpoena: 2 May 1868; Martha Stinson, John Sims and J. C. Stinson {name Anderson Starrett is marked out}; executed 4 May and 5 May, John Sims not a resident of Lawrence County this 5 May 1868 by P. F. CLARK, deputy.
Subpoena: 2 May 1868; Anderson Starrett; executed 5 May 1868 by T. L. DOWNING, deputy.

183. State of Mo. vs Stephen WORSHAM, disturbing the peace of a family.
Warrant: 25 Mar 1868; Stephen Worsham; executed and bond given 20 Apr 1868 by T. L. DOWNING, deputy.
Bond: 16 Apr 1868; Henry S. WORSHAM with W. T. WORSHAM as security (their signatures); $150.
Subpoena: 24 Apr 1868; Amanda STALEY, Jasper STALEY and Wm. ANDERSON for state; executed 4 May 1868 by T. L. Downing, deputy.
Execution of judgment: 3 Jun 1868; for $10 fine and judgment of costs, totaling $24.02; received $18.00 on 17 June 1868 and inscribed "execution satisfied in full this 12th 1868" by James F. GIBSON, sheriff.

184. State of Mo. vs William JOHNSON and John JOHNSON, gaming.
Indictment: 13 Nov 1867; charges John Johnson and William Johnson on unspecified date in 1867 bet a large sum of money to wit $.25 on game of change (cards); H. H. NEECE, grand jury foreman; witness listed as John GARINGER.
Warrant: 13 Nov 1867; William Johnson; no execution.
Warrant: 13 Nov 1867; John Johnson; no execution.
Warrant: 21 Nov 1867; William Johnson; executed and bond taken 3 Apr 1868 by P. F. CLARK, deputy.
Bond: 3 Apr 1868; William Johnson with O. P. JOHNSON as security; $100.
Subpoena: 21 Apr 1868; John Garinger for state; executed 28 Apr 1868 by P. F. Clark, deputy.
{jjr note: Evidently this gambling was genetic. Cousins of William and John Johnson, sons of Jacob Queener Johnson of Johnson, AR., gambled their father’s entire bank account away. Their father’s comment was, “They aren’t worth the lead and powder to blow ‘em to hell.”}

185. State of Mo. vs Newton PHARISS, robbery.
Information: 20 Mar 1867; "appearse before me Joseph BATESEL a justice of the peace Joshua HOLT and makes oath and said that Newton Farris did come to my house on or about the first day of September 1861 did come with an armd force and took a way one riffel gunn worth fifty dollars the said Newton Farris demanding gun and bullets ?moles and sceard my wife very much at the County of Lawrence and State of Missouri." Joshua Holt, his signature; Joseph Batesel, JP for Spring River twsp.
Warrant: 21 Mar 1867; to A W GRAMMER, constable of Buckprarie township... "command you to apprehend the said Newton Farris and bring him before me to answer the premises and fother to be delt with according to law;" executed 23 Jun 1867.
Subpoena: 21 Mar 1867; James DANNEL, Thomas DAVIS, Mary A? DAVIS, Guarnett SULLIVAN, Tesez M. WILKS {names very difficult to read} for state; executed to Jessy M. WILKS, Guarnett Sullivan., George Davis, Marry A. Davis, Thomas Davis, James Dannel on 24 Jun 1867 by A. W. Grammer, Constable; subpoena issued by Joseph Batesell, J. P.
Subpoena: 24 Jun 1867; James RAY; executed 24 Jun 1867 by A. W. Grammer, constable.
Motion to quash the warrant: 24 Jun 1867; because no affidavit has been filed in this cause and warrant does not authorize the imprisonment of said defendant.
Examination of witnesses: 24 Jun 1867 before Joseph Batesel, J.P.
Joshua Holt sworn says: In the fall of 1861 in September I think it was in September at night I was aroused from sleep. Some man caled {sic}me up. I got up, was excited, and opened my door and I saw for {sic} or five persons in front of the door with guns and they were cocking the guns and {illegible} them. In two men came into the house. One of them was the defendant, the two men had guns. They set down and asked me if I had a good rifle gun. I told them I had one. They said that they wanted {it}. I said that my gun was a sound piece of property and that I did not want to give it up. My wife sat up then and lit a candle. Was much fritend {sic}. I looked at the men closely so that I might know them if I should em see them again. They said they must have the gun and ammunition. They demanded the gun and ammunition and {I} gave them up to them. They then went off. I was {illegible} strong fear of my life to give up the gun. They said that if I wanted to live in this country I have better go down on Spring River and join a company. Cross examination: {illegible} is one of the men (pointing to the defendant) that entered my house in the fall of 1861. I was not acquainted with the defendant at that time. Mr. Wilks and Mr. {illegible} Sullivan and others told me that Mr. Pharris got the gun. This was about the month of Janury {sic} or February following the time the gun was taken. I first saw the defendant after this in the winter or spring of 1867. I observed at the time to Mr. A. W. Grammer who was in company with us that that was the man who was in my house when the gun was taken. Mr. Wilks told me his name was Newton C. Farris. I said to Mr. James Ray the next day after the gun was taken that I did know the men but that I should know them if I should ever see them again. I think it was in the month of March 1867. (objected to upon the grounds of irevlance {sic}) I went with Mr. Grammer over to see Mr. Newton C. Pharriss the defendant. I just observed to Mr. Pharris that I had come to get pay for my gun. He said he was redy {sic} to pay his portion of it which was about one fifth. Q. Has defend been known by the name of Newton Phariss. He has been known by that name. Q. Have you rec'd pay for this gun. I rec'd pay partly. Q. How much pay did you rec? I rec'd about eighteen dollars. Q. Did you authorise {sic} Mr. Gramer to recpt for the money? I did. I and Mr. Gramer were thare {sic} with an attachment and could find no property. Mr. Gramer come to me and sed {sic}this matter could be compliansed {sic}. I told him to go and do the best he could, that it was a water hawl {sic}. Signed, Joshua Holt.
George Davis sworn says: Newton Phariss came to my house and said that we had taken {illegible} that night this being {illegible} in the morning this being about September 1861. Some time after that I saw Newton Pharris and accused him of taking Holts gun & others and he replyed {sic} that he could or would pay, I am not certain which, pay for them, the guns. Signed, George Davis.
Garnett Sullivan sworn says: Newton Pharris told him that he, said Phariss, did take in company with Jasper BROOMFIELD James POSSER 1 or 2 HELMS. He states further that he himself did not go nearer then 200 yards of Mr. Holts house. Reason that he looked on Mr. Holt as being a reasonable man and aught not to be molested. The defendant further said that Broomfield & Helms went and took the gun from Mr. Holt. Mr. Broomfield took charge of the gun and said that Mr. Holt should have his gun or pay for it at a suitable time. He further states that he does not know that said Broomfield or Helms has bin in this countrey {sic} since. He further states that the defendant lives in Lawrence Co, Mo. He further states that Mr. Holt has lived in Lawrence Co., Mo. about 15 years. Says that Holt & deft for several years previous to the war lived within 2 1/2 or 3 miles of each other. I did not know whether or not that Holt and Pharras was acquainted with each other. Further states the deft went in to prices armey {sic} on 6 months servis {sic}and was out of the Co. & State deuring {sic} the war and was back and {illegible} a few times dring {sic} the first 6 months. Signed, Garnett Sullivan.
Mary A. Davis sworn says: Deft Pharris after being accused of taking Mr. Holts gun & others said that the Deft could pay for the guns. Mary A. Davis, her mark.
J. A. Ryker sworn says: Joshua Holt lived at the place that he lived at at the commencement of the war about 2 years before the war of 61 which was in the neighborhood of which the deft resided. He further states that he does not know whether or not the deft & Mr. Holt was acquainted with each other. Signed, J. A. Ryker.
A. W. Grammer sworn says: Joshua Holt moved to the place that he lived on at the time that the war of 1861. Came up about the fall of 1859. He also states that he does not know where deft came from when he came to the settlement where he lived at in 1861. Signed, A. W. Grammer.
Statement of the prisoner Newton Phariss without being sworn: states that Mr. Broomfield, Helms & Jossett? came to my house sometime in the fall of 1861. And told me that tha {sic} had the authority to take men & guns to move some famleys {sic} from Galena to Lawrence Co. I refused to gaw {sic} with them. Tha {sic} told me that I had to go. We went up to Elk Horn prairie. Mr. Broomfield & George Helms said that tha {sic} would ride down to Mr. Holts and see whether he had any gun or nott {sic}. Then tha {sic} came back to where we was and said that tha {sic} had got Mr. Holts gun and ammunition and Mr. Broomfield said that he would keep the gun himself, that he had promised Mr. Holt that he would return the gun & amount of ammunition that he had taken. Some time after that his horse fell down with him & broak {sic} the gun of{f} at the brick and he left it at Casville {sic} to have it fixed and the Federals came and got the gun. That is what he told me tha {sic} told him, the man told him with hoom {sic} he left to git it fixed. And he expected to have to pay for it as it was taken before he returned it. Mr. Holt came to my house and asked me for pay for the gunn {sic}. I told him that I had not taken hiz gunn {sic} but that I wuld {sic} pay for the gunn {sic} a reasonable price. I asked him what he asked for his gunn {sic}. He said fifty dollars. I told him that I would not pay that. I did not think that there was any gunn {sic}worth fifty dollars. He remarked that he would not take less than fifty dollars. My wife paid $25 for the gunn {sic}for me and Mr. Grammer recepted {sic} me for it. Signed, N. C. Phariss.
Garnett Sullivan states: I never did tell Mr. Holt that Newton Phariss did take hiz gunn {sic} in those words. I may have told him that deft Pharriss was concerned in taking it. I doo {sic} not know of my own knollage {sic} that Pharress was consornd {sic} in taking it. I heard deft say that he was in company with those that did take the gunn {sic} but he did not gaw {sic} nearer then 200 yards of the house. I told Mr. Holt that Phariss would pay for the gun that is if Holt did not charge him more than the gunn {sic} was worth. Signed, Garnett Sullivan.
Jessey M. Wilks states: I never told Mr. Holt that Newton Pharris took his gunn {sic}. Mr. Holt told me that a crowd of men had come and taken hiz gunn {sic}. I cannot tell positively what time this conversation did occurd {sic}. I doo {sic}not think that Holt stated the names of the person that took his gunn{sic}. I think this conversation with Holt I think took place about the year 1861. Signed, J. M. Wilks.
James Danniel states: I was at Defts house about the month of March 1867. Mr. Holt came and demanded pay of Mr. Pharress for his gunn {sic}. Deft said he was not willing to pay $50 for the gunn {sic}. Defend told Holt that he did not take the gunn {sic}. Deft told Holt that he would pay a part on the gunn {sic} rather than have trouble about it. Signed, James DANIEL.
Bond: 25 June 1867; Newton C. Phariss with Allen MILLER (their signatures) and N. S. THOMAS (his mark) as securities; $500.
Witness recognizance: 25 June 1867; Garnett Sulavin, James Daniel, Thomas Davis, Mary A. Davis, George Davis, Jessee M. Wilks, Jacob A. Ryker, Joshua Holt, A. W. Gamer and James M. Reay; $50. Signatures read: Garnett Sullivan, J. M. Wilks, James Daniel, James M. Rea, Joshua Holt, A. W. Grammer, George Davis, Mary A. Davis (same handwriting as George Davis), Thomas B. Davis and Jacob A. Ryker.
Indictment: 7 Nov 1867; charges Phariss on unspecified date with other persons unknown stole a gun valued at $50 the personal property of Joshua Holt; H. H. NEECE, Grand Jury foreman.
Warrant: 7 Nov 1867; Newton C. Phariss; executed 12 Nov 1867; sheriff's costs listed as $6.20 for serving writ and 2 days of boarding and guarding prisoner; bond given 14 Nov 1867.
Motion for change of venue: 12 Nov 1867; prejudice of judge; ESTES and YOUNG for defense.

186. State of Mo. vs Joseph MATHEWS, disturbing religious worship.
Indictment: 11 Nov 1867; charges Mathews on unspecified date in 1867 disturbed a congregation of people met for religious worship; H. H. NEECE, Grand Jury foreman; state witnesses N. B. HOCKER, James F. GIBSON, W. J. KING, J. L. HOLT and John MCFALL.
Warrant: 11 Nov 1867; Joseph Mathews; executed 16 Nov by T. L. DOWNING, deputy.
Subpoena: 14 Mar 1868; N. B. Hocker, James F. Gibson, W. J. King, J. L. Holt and John McFall; executed to W. J. King on 29 Apr to James F. Gibson on 4 May and to all others on 28 Apr 1868 by W. A. MOODY, sheriff.
Motion for a change of venue: 5 May 1868; prejudice of the judge. Notation on document reads "transcript to Cedar Co. 17th June 1868.”

187. State of Mo. vs Thomas W. KELTON, selling liquor without a license.
Indictment: 9 Nov 1867; charges Kelton on unspecified date in 1867 sold one-half pint of whiskey worth $.50; H. H. NEECE, Grand Jury foreman; state witness, Charles YOUNG.
Warrant: 9 Nov 1867; Thomas W. Kelton; executed and bond given 12 Nov 1867.
Subpoena: 16 Mar 1868; Charles Young; executed 29 Apr 1868.
Verdict: undated; not guilty; E. H. RICHARDSON, foreman.

188. State of Mo. vs Robert CRUMP, assault and battery.
Transcript: 28 Feb 1868; James W. DAVIS, J.P.; states 11 Feb 1868 issued a warrant against Bob Crump for assaulting said John W. PRICE. jurors named were H. GEORGE, F. M. LEBOW, Jacob LEBOW, Thos. JONES, John UNDERWOOD and John BROWN. At that time Joseph ESTES attorney for plaintiff came in to court and filed an affidavit for informant J. W. Price against Bob Crump ... make an assault upon the body of him the said John W. Price ... with stones and a pitchfork... {Transcript states that witness and defendant testimony reduced to writing but none included in the records.} "The justice having heard the evidence doth therefore adjudge that the prisoner Robt Crump be liberated."
Indictment: 8 May 1868; James M. MOORE, Grand Jury foreman; charging Robert Crump with felonious assault on John W. Price with stones and pitchfork; state witnesses Zacknal BOLE and Stephen D. BROWN.
Warrant: 22 June 1868; Robert Crump; executed and bond taken 27 Oct 1868.
Bond: 27 Oct 1868; Robert Crump (his mark) with B. L. HENDRICK (his signature) as security; $1000; Fee of $.30 paid by Robert Crump.
{See also Bundle 175}

189. State of Mo. vs Henry MOORE, William SIMMONS and James SIMMONS, disturbing the peace of a family.
Indictment: 12 May 1868; charges Moore, Simmons and Simmons disturbed the family of Jemima PHARRIS by loud and unusual noises ... threatening, quarreling and challenging; signed George W. RANDOLPH, circuit attorney; state witnesses A. R. DAVIS, Green COPPLE, {first name illegible} COPPLE, Thomas WOODS and Hannah WOODS.
Warrant: 22 June 1868; James Simmons; executed and gave bond 30 Oct 1868.
Warrant: 22 June 1868; Henry Moore; executed and gave bond 18 Oct 1868.
Warrant: 22 June 1868; William Simmons; executed and gave bond 27 Oct 1868.
Bond: undated; James Simmons (his mark) with Sarah SIMMONS (her mark) and Thomas HOLLINGSWORTH (his signature) as securities; $100.
Bond: ?3 Oct 1868; William Simmons (his mark) with Sarah Simmons (her mark) as security; $100.
Bond: 28 Oct 1868; Wm. H. Moore (his mark) with William HOPKINS (his signature) as security; $100.
Subpoena: 29 Oct 1868; A. R. Davis, Green Copple, Nancy COPPLE, Thomas Woods and A. Woods; executed 30 Oct 1868, Thomas Woods and A. Woods not found in county, by T. L. DOWNING, deputy.
Subpoena: 2 Nov 1868; Ebrity C. FARE for defense; executed 6 Nov 1868 by Marshall WILSON.
Indictment: 7 Nov 1868; charges Moore, Simmons and Simmons disturbed the family of Jemima FARE by loud and unusual noises ... by threatening, quarrelling and challenging to fight; signed James F. Hardin, circuit attorney pro tem; state witnesses A. R. Davis, Green Copple, Nancy Copple, Thomas Wood, Hannah Wood.

190. State of Mo. vs George WALLACE, William CARMAN and Adam GARINGER, cutting and selling timber.
Indictment: 15 Nov 1867; charges Wallace, Carman and Garinger cut timber from property of Sarah SEAMANS; H. H. NEECE, Grand Jury foreman; a true bill. Warrants issued 15 Nov 1867 for three accused and reissued 21 Nov 1867.
Warrant: 21 Nov 1867; Adam Garinger; executed 1 Apr 1868.
Warrant: 21 Nov 1867; George Wallace; cannot be found in my county 2 May 1868.
Bond: 1 Apr 1868; Adam Garinger with G. S. D. JONES as security; $100.
Subpoena: 21 Apr 1868; Sarah SOAMANY and John COLSTON; executed 1 May and 4 May respectively.
Subpoena: 2 May 1868; John BROWN, William MOORE Jr.., James GARINGER and James CHERRY for defense; executed 4 May to Moore, Garinger and Cherry and to Brown on 5 May 1868.
Warrant: 26 Oct 1868; George Wallace and William Carman; executed to William Carman and bond given 3 Oct 1868 and George Wallace not found in county.
Bond: ? Oct 1868; Wm. Carmon (his mark) with James W. CARMON (his mark) as security; $200.

191. State of Mo. vs Jasper MCKEE, grand larceny.
Affidavit: 21 Jan 1867; before James W. DAVIS, J.P. Green COPPLE (his mark) states Jasper McKee on 19 Jan 1867 stole 16 head of hogs the property of Barbara COPPLE.
Warrant: 21 Jan 1867; Jasper McKee; executed same day by P F CLARK, dept sheriff.
Subpoena: 23 Jan 1867; Joshua LINTHICUM Jacob GIST, Clark MCDONALD, Greene Copple, Barbara Copple, Susie COPPLE, Jane COPPLE, {and two names illegible; execution partially glued to other documents.}
Subpoena: 24 Jan 1867; George UNDERWOOD and John UNDERWOOD; executed 25 Jan 1867 by Joshua Linthicum, constable of Ozark township.
Subpoena: 25 Jan 1867; McSimmons Calvin SIMMONS and Leander MCDONALD; executed 25 Jan 1867.
Witness recognizance: 25 Jan 1867; Joshua Linthicum (his signature), Green Copple (his mark), George Underwood (his mark) and John Underwood (his mark); $50.
Commitment: 29 Jan 1867; "there being no jail in said county..." to Green {sic} County jail by James F. Gibson, sheriff: return states "...within named Jasper McKee who was confined in the jail of Green County Mo for safe keeping subject to order of the judge of the Lawrence Circuit Court, did on the night of the fifteenth of March 1867 break the custody of the said jail and jailor and made his escape and is still at large this May 4th 1867, J. A. PATTERSON, Shff.”
Bill of costs from Greene County totaling $33.75.
Transcript from justice: 22 Mar 1867; Defendant failed to give bond in amount of $1000 and committed to common jail of said county; bill of costs totaled $13.75.

192. State of Mo. vs John CONNELL, manufacturing liquor without taking oath.
Indictment: 15 May 1867; true bill; T. R. WHALEY, Grand Jury foreman; witnesses M. WARREN and William ANDERSON; charges Connell on or about 1 May 1867 manufactured ten gallons of whiskey without having taken oath; B. L. HENDRICKS, County Attorney.
Warrant: 27 May 1867; John Connell; executed and bond given 3 Aug 1867.
Bond: 3 Aug 1867; John Connell with Timothy CONNELL as security (their marks); $300.
Subpoena: 4 Oct 1867; Mannin WARREN and William Anderson for state; executed 17 Nov.
Subpoena: 14 Mar 1868; M. Warren and William Anderson for state; executed 2 May and 30 Apr respectively.
Motion to quash indictment: 4 May 1868; does not charge with violation of state law which amounts to felony or misdemeanor and act as charged not punishable by indictment; BRAY and MCCUNE attorneys for defense.
Motion to arrest judgment: 6 May 1868; indictment does not charge with violation of any law of state; Bray and MCCUNE.

193. State of Mo. vs Thomas B. ELSEY, petit larceny.
Indictment: filed 11 May 1869; true bill; J. L. HOLT, Grand Jury foreman; L. M. ANDREWS, circuit attorney pro tem; state witnesses P. S. SAINTCLAIRE, Frank MEANS, C. N. GAMMILL, and F. M. MOORE; charges Elsey on the __ day of ___ 186_ stole two dollars in money the property of P. S. Saintclair.
Capias: 11 May 1869; Thomas B. Elsey; John S. WILSON, deputy clerk; H. C. LOLLAR, clerk; executed and bond given 11 May 1869.
Subpoena: 22 Sep 1869; P. S. Saint Clair, Frank Means, C. N. Gammill and F. M. Moore; executed 23 Sep to Means and 30 Sep to Moore by John W. UNDERWOOD, constable for Mt. Vernon township; executed 21 Oct to Gammill and Saint Clair by R. S. WILKS, deputy sheriff.
Subpoena: 19 Oct 1869; James M. MOORE, D. B. UNDERWOOD and Amon CARR for defense; executed to Moore and Carr 30 Oct 1869 by R. S. Wilks, deputy sheriff; D. B. Underwood not found in county.
Subpoena: 23 Mar 1870; Nancy ELSEY, Amanda ELSEY, Amon Carr, Wm. M. WEECE? and D. B. Underwood for defense; {execution partially glued} D. B. Underwood not found in county 20 Apr 1870 by Thos. H. JONES, deputy sheriff.
Motion to dismiss: 10 May 1870; "because the name of no prosecutor is endorsed on the back of the indictment."
{See also Bundle 208}

194. State of Mo. vs Wm. BIDDLECOMB and Benton WORMINGTON, gaming.
Indictment: filed 14 Nov 1860; true bill; George W. MESSICK, Grand Jury foreman; P. M. WEAR, clerk; charges that on 1 Oct 1860 Biddlecomb and Wormington bet two knives of the value of one dollar on a game of chance (cards); Joseph CRAVENS, circuit attorney.
Capias: 28 Nov 1860; William Biddlecomb and Benton Wormington; executed and bond taken on 28 and 29 Mar 1861 respectively by Thomas HASH, deputy sheriff.
Bond: 28 Mar 1861; Wm. E. Biddlecomb with John SCHOOLING as security (their signatures); $100.
Bond: 29 Mar 1861; John Benton Wormington with J. W. D. WORMINGTON as security (their signatures; John B. WORMINGTON); $100.
Subpoena: 2 Apr 1861; George SCHOOLING for state; "I certify that I did not serve the within subpoena because the judge refused to hold court for said June term 1861" by Thos. HASH, deputy, for S. E. ROBERTS, sheriff.
Subpoena: 28 Jul 1862; George Schooling for state; not found in county 29 Jul 1862 by J. COOPER, deputy sheriff, for S. E. Roberts, sheriff.

195. State of Mo. vs John R. COX, grand larceny. {from Greene County.}
{Did not abstract all Greene County documents.}
Opened and filed Lawrence County, 9 Oct 1868.
Subpoena: 9 Oct 1868; J. M. ROUNTREE for state; executed 27 Oct by John PATTERSON, Greene County sheriff.
Motion to quash: filed 2 Nov 1868; BRAY and MCCLEUR for defense; 1st because indictment does not charge the defendant with taking any property or valuable thing or any thing the subject of larceny and 2nd because the indictment does not charge the defendant with the violation of any law of this state.
Subpoena: 4 May 1869; J. M. Rountree for state; executed 5 May by John Patterson, Greene County Sheriff.
Instructions to jury: filed 5 May 1869; "that unless the jury believe from the evidence that the bond alleged in the indictment to have been stolen by deft in Green County in the State of Missouri they will find the defendant not guilty." Also: If guilty "..assess the punishment by imprisonment in the penitentiary not exceeding five years or in the county jail not less than six months or by fine not less than five hundred dollars or by both a fine not less than one hundred dollars and imprisonment in the county jail not less than three months."
Verdict: (not dated) "...not guilty as charged in the indictment"; Wm QUERRY, foreman.

196. State of Mo. vs Gideon SHELTON, larceny.
Capias: 6 Oct 1868; Gideon Shelton; executed 28 Oct 1868 by W. A. MOODY, deputy sheriff, and bond taken by Judge John C. PRICE same day.
Bond: 28 Oct 1868; Gideon T. Shelton with M. A. SHELTON and C. R. SHELTON as securities (their signatures); one thousand dollars.
Subpoena: 2 Nov 1868; Thomas MARSH, J. W. LEBOW, Ramsey DAVIS and Mastin M. LEBOW for state; executed to J. W. Lebow 4 Nov 1868 by J. W. LEATHERS, deputy sheriff.
Subpoena: 9 Apr 1869; John WEBB, Wm. PENNINGTON, J. G. WILLIAMS, James GUTHRIE, Charles PHILIPS, Jonathan COX, Squire CALAWAY, and William A. CROSLIN for defense; return states "I do hereby certify that within witnesses are not to be found in my said county this 1st day of May 1869" John T. GULLETT, constable.

197. State of Mo. vs William B. WORSHAM, felonious assault.
Indictment: filed 12 May 1868; true bill; James M. MOORE, Grand Jury foreman; William ANDERSON and Joseph ANDERSON, state witnesses; charges that Worsham on __ day of ___ AD 1868 with a pistol commonly called a revolver shot at William Anderson.
Capias: 28 Oct 1868; William B. Warshom {sic}; executed 4 Nov 1868 by T. L. DOWNING, deputy sheriff.
Subpoena: 9 Nov 1868; Joseph Anderson and Wm. Anderson for state; executed 10 Nov and 11 Nov respectively by G. N. SPRING.
Subpoena: 1 May 1869; William T. WORSHAM, J. A. WORSHAM, Joseph ABBOTT and Berry RYAN for defense; executed 3 May 1869 to Abbott and Ryan by H. S. Worsham.
Motion to quash: (undated); BRAY and MCCLEUR for defense; 1st because the indictment does not charge that the assault was made feloniously, 2nd because it does not charge any assault was made at all, 3rd because it does not charge that the assault was made with a deadly weapon or one likely to produce death, 4th because it does not charge that the shooting was with the want to kill.
{Notation on outside of bundle reads "Transcript to Barry (County) 9th July 1869.“}

198. State of Mo. vs O. CANTRELL, cutting timber.
Information: 5 Feb 1869; John Q. PAGE, circuit attorney; charges on or about 4 Feb 1869 Cantrell cut and carried away timber and trees being on land not his own and not the property of the United States; witnesses listed as John CHAMBERS, P. G. CHAMBERS, D. T. CHAMBERS, J. WILLIAMS and Alex WILLIAMS.
Capias: 5 Feb 1869; O. Cantrell; return states it “came to hand to late to be executed during the sitting of the special term of the circuit court," Thos. B. SAMUEL, sheriff.
Capias: 6 Feb 1869; O Cantrell; return states “O. Cantrill was arrested and committed to jail 9 Feb 1869,” Wm. H. JOHNSON, deputy sheriff.
Bond: 10 Feb 1869; Obed W. CANTRELL (his signature) with J. M. BRADEN (his mark) as security; $200.
Subpoena: 22 Apr 1869; Thomas MARSH, J. W. LEBOW, Ramsey DAVIS and Mastin M. LEBOW for state; executed to Marsh on 27 Apr, Davis on 30 Apr and Mastin Lebow on 1 May 1869 by Wm. H. Johnson, deputy sheriff; executed to J. W. Lebow 3 May 1869 by Thos. B. Samuels, sheriff.
Subpoena: 23 Apr 1869; John Chambers, P. G. Chambers, D. L. Chambers, J. Williams and Alex Williams for state; executed to J. Williams 1 May 1869 by John T. GULLETT, constable; others not found in county this 1 May 1869.
{See also Bundles 199 and 200}

199. State of Mo. vs Noah CANTRELL, cutting timber.
Information: 5 Feb 1869, John Q. PAGE, circuit attorney; same as information in bundle #198 except defendant named Noah Cantrell.
Capias: 5 Feb 1869; same as bundle #198 except defendant Noah Cantrell.
Capias: 6 Feb 1869; same as case #198 except defendant Noah Cantrell.
Bond: 10 Feb 1869; Noah Cantrell with J. M. BRADEN as security (their marks), $250.
Subpoena: 10 Apr 1869; John CHAMBERS, P. G. CHAMBERS, D. T. CHAMBERS, J. WILLIAMS and Alex WILLIAMS for state; executed 1 May 1869 to J. Williams by John T. GULLETT, constable; other witnesses not found in county 1 May 1869.
{See also Bundles 198 and 200}

200. State of Mo. vs Jacob CANTRELL, cutting timber.
Information: 5 Feb 1869, John Q. PAGE, circuit attorney; same as information in bundles #198 and #199 except defendant named Jacob Cantrell.
Capias: See cases #198 and #199.
Bond: Same as case #199; Jacob L. Cantrell with Jno. BRADEN as security, (their marks; $250.
{See also Bundles 198 and 199}

201. State of Mo. vs Henry GRIMSHAW, disturbing the peace.
Information: 18 Feb 1869; John Q. PAGE, circuit attorney; charges Grimshaw on 17 Feb 1869 disturbed the peace of the neighborhood of Mt. Vernon "by making loud. and unusual noise, loud and offensive and indecent conversation and by threatening quarrelling and fighting without having any legal authority to do the same;" state witnesses, Bradford SAMUELS, Mrs. STRINGER, GRAY and BAIRD.
Capias: 19 Feb 1869; Henry Grimshaw; executed 20 Feb 1869 by Wm. H. JOHNSON, deputy sheriff.
Bond: 20 Feb 1869; Henry Grimshaw with B. R. MATTHEWS and A. L. PHARISS as securities (their signatures); $400.
Subpoena: 9 Apr 1869; Mrs. Niel STRINGER, Bradford Samuel, Calvin GRAY and Louisa BAIRD; executed to Gray on 30 Apr and to Stringer and Baird on 3 May 1869 by W. H. Johnson, deputy sheriff.

Back to View From the Courthouse