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View From the Courthouse:
Abstracts of Lawrence County, Mo., Circuit Court Documents, 1858-1869
copyright 1997, Judith Johnson Reustle; Internet edition Dec 2000
Bundles A-70

Unnumbered Bundles

A.. State of Mo. vs Stephen WORSHAM, gaming.
Indictment: Charges in the summer or fall of 1865 Worsham "bet a large sum of money (one dollar) upon a game of chance played by cards, which cards were a gambling device." Also bet a "large quantity of property, one watch;" George W. RANDOLPH, Circuit Attorney; Court date set for 10th Monday after the 4th Monday in August, 1866; R. DAVIS, state witness; W. W. HARGROVE, Grand Jury foreman.
Capias: 21 Sep 1866; Stephen Worsham; bond $200 given 16 Oct 1866 with William T. WORSHAM and Benjamin S. THAXTON as securities; A. P. GIBSON, sheriff, and Jas. GIBSON, deputy. Sheriff fee $2.25.
{See also bundles E and 59.}

B. State of Mo. vs George CRAIG
Warrant
: issued by P. S. PACKARD, JP, Benton Co., Ark., upon his order that George Craig of Washington County, Ark., did on 4 Apr 1866 commit Grand Larceny; required bail $1000.00.
Warrant: 30 Jul 1866; "To sheriff of Lawrence Co. or keeper of the jail: You are therefore commanded to receive the said George Craig into your custody in the jail of the County aforesaid, there to remain until he be discharged by due course of law;" signed H. H. NEECE, JP. Sheriff's return on back of document: A. P. GIBSON, Sheriff of Lawrence County, after taking charge of the prisoners, S. LITEREL and George Craig, placed them in the charge of Alferd and F. M. WHITE to be guarded. Craig and Literel attempted to escape and were fired upon. Both were wounded and recaptured. Literel lived 3 days, died, buried by coroner, 24 Jul 1866.
Transcript of JP docket: William S. Literel? and George Craig brought before Neece, J.P., "confessed before me to the stealing of one gray stallion, one bey horse and one sorrel mare;" Property seized in Washington County, Ark; Gray guilding, four years old, worth $150.00. Sorrell, seven years old, worth $200.00. Witnesses: Dr. PACKARD, Benton Co. Ark., C. D. LANIER, R. HENSON and Cyrus PAGE, listed on outside of bundle.
{The following documents are filed separately in the drawer}
Warrant: 4 Apr(?) 1866; From H. H. Neece, J.P., to jailer of Lawrence County: to take custody of George Craig charged with grand larceny.
Warrant of Commitment: 21 Jul 1866, to James E. NEECE, Deputy Constable for Ozark Township, Lawrence Co. and keeper of the jail, transfer of William S SUTTEREL and George Crage (sic), bail required $1000. {Bail requirement listed for Crage only.}
Sheriff Fee Statement: A. P. Gibson, sheriff; J. M. FILLER, Deputy sheriff; Craig recaptured 25 Jul 1866, wounded in thigh; on 2 Aug 1866 "committed to jail of Green County (there being no jail in my said County) subject to the order of the governor;" Stephen BROWN and George WARD for "waiting on" said Craig 8 days, 2 attendants 8 days & board at $2/day, $32.00; boarding prisoner 8 days @ 60 cents/day, $4.80; taking prisoner to Springfield, 2 days, $2.30; 66 miles @ 8 cents, $3.28; Guard (for trip to Springfield.), 2 days, $2.30; 66 miles @ 8 cents, $3.28; Expense of prisoner, 1 day, $1.25; 33 miles @ 8 cents, $3.89; Total, $56.25. A. P. Gibson, sheriff Lawrence Co., took charge of prisoners 21 Jul 1866. {Remainder of wording in this report is same as Warrant in other bundle; i.e., escape 21 Jul, wounded, Litterel dies 24 Jul, buried by coroner.}
Examination: filed in circuit court 6 Aug 1866; examination of F. S. Packard of Benton County, Ark. George Craig and (illegible, looks like Tomar, Lomar, Lomae, Lomas first name and Lieg, Sieg last name) "stole one white gray gelding four years old worth one hundred fifty dollars allso one sorrel Mare seven years old worth two hundred dollars in the County of Benton on 24 Apr 1866 further he saieth not." Sworn statement taken 30 Jul 1866 by H. H. Neece, J.P.

C. State of Mo. vs George HEALEY (HALEY), Grand Larceny.
NOLLI 127.
Indictment: charges George Haley on 30 Oct 1864 stole hog property of James ROLES and hog property of Isaac JACKSON; RICHARDSON, Grand Jury foreman; RANDOLPH, Circuit Atty.; State witnesses, Isaac Jackson, John J. OWENS and James Roles.
Capias: 7 Apr 1866; George Haley; J. M. FILLER's fees $1.50.
Subpoena: 7 Apr 1866; John J. Owens and James Roles, for state; executed 27 Apr 1866.
Bond: 14 Apr 1866; George Haley $1,000 with W. T. WORSHAM security; approved by R. C. LANDRUM, County Court Judge; fee $.75.

D. State of Missouri vs John G. WEAR, teaching without taking oath of loyalty.
Indictment: "without having taken, subscribed & filed his oath of loyalty as is fully set forth in section six of the 2d article of the new constitution." {Constitution adopted 1865.} James ROBERTS, Grand jury foreman; state witnesses, George HALEY, Luna RHEA, John OWENS, Thomas W. KILTON, John S. WILSON; Circuit Attorney Joseph ESTES.
Examination: taken and certified 18 Oct 1865 by James W. DAVIS, J. P. as follows: George Haley states: On or about 1 Sep 1865 Mr. Wear came to my house and asked if I wanted to send my children to school. I told him I did. He said he was going to take up a school. We made no contract but I sent my children. I never was in his school room. Luna Rhea states: Mr. Wear began teaching school. I was at his school on last friday. He taught school from the first of September till the 18th of September. John S. Wilson, Clerk of County Court makes oath and says: No oath of loyalty filed in his office by John Wear to this date 18 Oct 1865.
Recognizance: Witnesses Rhea, Haley and Wilson each gave bond of $50.
Recognizance: John Wear gave $500 bond with Oscar WEAR and George Haley as securities.
Bill of costs: {paper is torn} J. P. fees: ?, $.35; Subp, $.35; recognizance, $.35; docket, $.10; 3 oaths, $.15; taking testimony, $.40; transcript, $.35; recognizance of prisoner, $.35; total, $2.40: Constable fees: warrant, $.75; summons (4), $1.40; total, $2.15: Witness fees: one day each at one dollar per day for Haley, Rhea, Wilson and Wm. W. GAY; total $4.00.
{See also Bundle 51)

E. State of Mo. vs Stephen WORSHAM and Wesley PENNINGTON, gaming.
Capias: 25 Sep 1866; Wesley Pennington.
Recognizance: 29 Sep 1866; Wesley Pennington, his signature, gave bond $200 with John CONNELL, his mark, as security 29 Sep 1866. Note penciled on back of recognizance states "plead guilty Fall term A.D. 1866."
Subpoena: undated; Rum DAVIS, for state; executed 10 Nov 1866.
(See also Bundles A & 59)

F. Bank of the State of Mo. vs Van S. YOUNG, Achilles RICHARDSON and Stephen T. VITITONE.
Indictment: Filed 28 Feb 1850, P. M. Wear, Clerk; unpaid promissory note $240.00 dated 18 Jan 1849; J. M. BARKER, attorney for plaintiff.
Summons: 28 Feb 1850; Van S. Young, Achilles Richardson and Stephen T. Vititone; for April term. Executed 5 Mar, 12 Mar and 9 Mar respectively by Jos. M. MOORE, sheriff.
Original promissory note: #7882
Notary's Affidavit: R. J. MCELHANY for Bank of Missouri, Springfield Branch, 20 Oct 1849, testifies non-payment of note, Greene County, Recorded Book A, Folio 62; sworn before Peter APPERSON, Justice of the Peace.

G. Thomas E TUTT and Jas. T. WATSON vs Achilles RICHARDSON and John M. RICHARDSON.
Writ of execution: 14 Sep 1852; to Sheriff for goods and chattels of A, Richardson and J. Richardson to be rendered to Tutt and Watson; P. M. Wear, Clerk. Executed by Wm. D. GARRISON, sheriff; on the following real estate: Lot No. 1 in Block No. 5 to N. R. SMITH for $250. Lot No. 4 in Block No. 14 to for $25 and Lot No. 5 in Block No. 14 to J. Richardson for $100. Also a large quantity of goods, wares and merchandise. That on the 18 day of October 1852 I sold said real estate. Said good, wares and merchandise eliminated; credit of $141.27 and 1/2 cents after deducting costs.

H. State of Mo. vs John DAVIS, gaming.
Indictment: 13 Nov 1867; H. C. LOLLAR, clerk; J S WILSON, deputy clerk; H. H. NEECE, Grand Jury foreman; charges that John DAVIS on the __ day of January 1867 bet a pistol of the value of ten dollars on game of chance.
Capias: 13 Nov 1867; John Davis; for immediate execution; execution not recorded on document.

I. State of Mo. vs William HUNT, gaming.
Capias: 21 November 1867; Henry LOLLAR, clerk; by John S. WILSON, deputy clerk; for May 1868 term. Executed by P. F. CLARK, deputy, for James F. GIBSON, sheriff; released on recognizance.

J. State of Mo vs Oscar WEAR, felonious assault.
{Documents related to this cause are scattered, loose, throughout the drawer.}
Subpoena: 17 Sep 1859; Thomas FROLLEY, David C. HOWARD and Ingram HOWARD for the state; executed to D. C. Howard on 5 Oct, Ingram Howard on 7 Oct and Thos. Fralley not found in county on 7 Oct 1859 by Ralph ELKINS, deputy.
Subpoena: 25 Oct 1859; David H. LAMBERT for state; William W. GAY, cir. clerk; executed 26 Oct 1859 by Thos. HASH, sheriff.
Subpoena: 29 Oct 1859; James ELKINS for defense; executed 31 Oct 1859 by Ralph Elkins, deputy, for Thos. Hash, sheriff.
Subpoena: 29 Oct 1859; James Elkins, Henry DUCK, Charles GEORGE, Timothy WARREN and Robert HASH for defense; executed 31 Oct and 3 Nov 1859.
Subpoena: 3 Nov 1859; John J. OWEN for defense; executed 7 Nov 1859.
Attachment: 8 Nov 1859; William WHITE for state and to answer contempt charges for failure to obey subpoena; executed 9 Nov 1859.
Subpoena: 18 Apr 1860; James Elkins, William White and William ELKINS for defense; executed 21 Apr 1860 by Ralph Elkins, deputy.
Subpoena: 18 Apr 1860; John J. Owen, Alex HARLOW, James Elkins and Tim Warren for defense; Pleasant M. WEAR, circuit clerk, and Cas. T. WEAR, deputy clerk; executed 20 Apr 1860 to Tim Warren and John J. Owen, to James Elkins and A. Harlow on 27 Apr by Ralph Elkins, deputy, for Thos. Hash, sheriff.
Subpoena: 21 Sep 1860; John J. Owen, James Elkins, Alexander Harlow, John L. HOLT, Henry Duck and Tim Warren for defense; executed 21,22 and 29 Sep 1860 by Thos. Hash, deputy sheriff, for S. E. ROBERTS, sheriff.
Instructions to jury: filed 9 Nov 1860; P. M. Wear, clerk; ... if they believe from the evidence that the defendant Oscar Wear, within three years before the 4th day of June 1859 ... made an assault on Joshua ROYSTON with a rock... Also: That if the jury find the defendant guilty they will assess as a punishment for the commission of the offence imprisonment in the penitentiary for a periot (sic) not more than five years nor less than two.
Subpoena: 14 May 1861; Henry Duck, James Elkins and John L. Holt for defense; return reads " I, S. E. Roberts sheriff, return the within supra nonest because the judge John R. CHENALT refuses to hold court in my said county at the June term 1861, this June the 3rd 1861.
Subpoena: undated; J. L. Holt for defense; executed 5 May 1862 by Cas. T. Wear, deputy, (Pleasant M. Wear, circuit clerk.)
Instructions to jury: undated; “... unless ... from the evidence that Oscar Wear assaulted and struck Joshua Royston with a rock yet unless you believe from the evidence that said rock was a deadly weapon or a weapon calculated as used to produce death then you should find defendant not guilty.”

K. State of Mo vs Samuel WINTER and James ANDERSON, grand larceny.
Capias: 23 Jan 1863; Samuel Winter and James Anderson; executed by Henry CHILDRESS, sheriff, 23 Jan 1863; capias issued by James CHERRY, Justice of County Court. {Very nice handwriting.}
Subpoena: 23 Jan 1863; James J. CHERRY; executed 23 Jan 1863 by Henry Childress, sheriff.
Examination: 23 Jan 1863 by James Cherry, Justice. Jesse WILLIAMSON sworn and says: On the 21st of January 1863 a grey mare and sorrell horse was taken from his premises. Grey mare had on a halter when left in the stable, at night. They were taken in the night of that day or the night of the next day. They were taken without his consent or knowledge, was in Lawrence Co. State of Mo. Jesse Williamson, his signature. James J. Cherry states: He heard the defendants say that they took the white mare sorrel horse. Saw the defendants with the mare and horse. Anderson was on the mare and Winter was on the horse. They described the place that they took the horses from. Is acquainted with Jesse Williamson's premises. The mare is the property of Jesse Williamson. Does not know who the horse belongs to. The horse once belonged to Wm. SHERWOOD. James J. Cherry, his signature. Jesse Williamson recalled and says: The mare spoken of in his first examination belongs to him and that that {sic} the horse belongs to Samuel KELTON. Has him in his possession. Jesse Williamson, his signature. The defendants being called say they have nothing to say. "After hearing the evidence and reducing the same to writing ... criminal offense has been committed ... ordered that the defts be committed to the jail of the county of Lawrence ... (there being no jail in the County of Lawrence) or held in custody of the sheriff till the Circuit Court of said Lawrence shall be in session."
Indictment: filed 13 Feb 1863; true bill; Porter JONES, Grand Jury foreman; charges that Winter and Anderson on 21 Jan 1863 stole a grey mare of the value of fifty dollars the personal property of Jesse Williamson and a sorrell gelding of the value of seventy dollars the personal property of Samuel Kelton; B. L. HENDRICK, circuit attorney pro tem.
Capias: 14 Feb 1863; Samuel Winter and James Anderson; executed 14 Feb 1863 by Henry Childress, sheriff.
Application for continuance: filed 3 Mar 1863 in State vs S. Winter, grand larceny; S. Winter, defendant says that he cannot safely go into the trial of the above entitled cause for the want of natural testimony that he has not had time to procure said testimony... Samuel L. Winter, his signature. Overruled, exception filed by John C. PRICE, judge.
Indictment: filed 5 Mar 1863; true bill; T. R. WHALEY, Grand Jury foreman; charges Winter and Anderson on 21 Jan 1863 stole a white mare of the value of fifty dollars the property of Jesse Williamson and a {illegible} horse of the value of seventy dollars said {riding?} horse being the personal property of Samuel Kelton; B. L. Hendrick, circuit attorney pro tem.
Plea of Antrifolio acquit: 24 May 1863; defendant, S. Winter, comes before the court and states that the indictment is identical to indictment for which he was tried and found not guilty by jury on 5 Mar 1863 and asks that he be discharged from further answer to said bill.

L. State of Mo. vs James MAXFIELD, murder.
Notice of special term: 24 Jan 1863; "You are hereby notified that I, John C. PRICE, Judge of the Circuit Court for and within the 13th Judicial Circuit in the State of Missouri have made an order that a special term of the circuit court for the county of Lawrance {sic} in the state of Missouri will be holden at the court house of said county for the purpose of trying you on an inditement {sic} found by the grand jury of said county against you for murder in the first degree on the 12th day of February AD 1863."

Numbered Bundles


1. State of Mo. vs Andrew STARRETT, felonious assault.
View Bundle Endorsement
Capias: 17 Sep 1866, Anderson Starrett; released on recognizance 16 Oct 1866; James F. GIBSON, deputy sheriff.
View Capias Writ
Subpoena: 25 Sep 1866; John WILSON, Nelson CURTES, Wm. W. WHALEY, John BROWN, J. L. HARGROVE, Wm. B. LANDRUM, for state.
View this subpoena
Bond: 16 Oct 1866; $500 Starrett with William C. LANGSTON and William J. MARTIN as securities for Sept 1866 term.
View Recognizance (Bond)
Indictment: Filed 8 Nov 1866,12 Nov 1866; Henry C. LOLLAR, clerk; H. GEORGE, Deputy clerk; charges Starrett assaulted James HAYES with pistol on 2 Apr 1866; George RANDOLPH, Cir. Atty; True Bill, W. W. Hargrove, Grand Jury foreman; state witnesses listed as James Hays, John Wilson, Nelson CURTIS, William W. Whaley, John Brown, L. L. HARGROVE, Wm. B. Landrum.
View Grand Jury Indictment
Subpoena: 7 Nov 1866; Lee HENDRICK, Zedock NEWMAN, John Brown, A. J. PARSONS, Matt BENNETT, John WEAR, for defense; executed 7 Nov 1866 by J. D. JONES, deputy.
View this Subpoena
Bill of costs: 12 Nov 1865 {sic}; for boarding jury: J. W. LEATHERS, $1.50; Elizabeth GAITHER, $6.00.
Jury instructions: undated; Includes: - "...Yet if they also believe from the evidence that Starrett shot at Hays in self defence {sic} they will find the Defendant not guilty." Also, an instruction to which the defense objected: "...that where two men fight by consent or agreement, and either assault the other with intent to kill, such person so assaulting is liable as though no such consent or agreement was had."
View Instructions to the Jury
Verdict: {Filed in Bundle 1; notation at top of verdict reads G. HILLHOUSE vs Jacob SACK} Not guilty, D. T. J. COLLEY, foreman of jury. {Notation on outside of bundle says tried Nov 7 and found not guilty.}
View this Verdict
{See also Bundle 10.}

2. State of Mo. vs Benton BRITE, robbery.
Indictment: Filed 13 May 1862 by P. M. WEAR, clerk; E. GAITHER, Grand Jury foreman; charges that 17 Sep 1861 with force and arms Brite put one John SCHOOLING in fear of immediate injury and then did steal from John V. BURTON one certain mare and bridal being the property of Schooling, by Nathan BRAY, Circuit Atty Pro tem.
Capias: 4 Oct 1865; Benton Brite to appear Nov term.
Recognizance: 1 Nov 1865; Brite gave $1000 bond before R. H. LANDRUM, J.P. with Ruth SWAN (x) her mark and Jesse BRITE (x) his mark as securities.
Subpoena: 23 Apr 1866; John V. Burton, George TAYLOR, John Schooling and William HUNLEY, for state; John Schooling not in county as of 27 Apr 1866; Sheriff fee, $2.60.
Subpoena: 29 Oct 1866; John V. Burton, George Taylor and William Hunley, for state; sheriff fee, $1.50.
Subpoena: 2 Nov 1866; Miles HUSBANDS, Hart STAFFORD, Monroe STAFFORD and John WAGONER, for defense; Not found in county as of 5 Nov 1866; Sheriff fee, $1.00.
Application for change of venue: filed 8 Nov 1866 by SHERMAN and PHELPS, attys for defendant. To Greene County Nov 1866.

3. State of Mo. vs James BIGLEY (On a change of venue from Dade County.)
Charge is first degree murder and conspiracy to murder.
Indictment: At or near the Limestone meeting house approximately 15 Feb 1862 one William SAILER was shot by members of a crowd. {The body was never produced by the state.} James Bigley Rufus HUDSPETH {an alias or a second individual?} did kill and murder .. signed Joseph ESTES, Cir. Atty.
Subpoena: 4 Mar 1865; Levana STOVEALL, Milly CARTER, Elizabeth J. BIGLEY, Henry BIRD, Catharine E. BIGLEY, Monroe MORRIS, D. W. SCOTT, Matthias SPEARS, Benjamin RAGSDALE, Harrison PRESTON, Elias L. COWAN,. William L. COWAN, Henry PRESTON, for defense; by Columbus TALBOTT, J. P; served by Samuel SHAW, Dade Co. sheriff; Bird not in county; fee, $9.35.
Bigley to custody of Lawrence County 8 Nov 1865.
Subpoena: 8 Nov 1865; Margaret BIRD and Ann BOWLES; signed by J. T. WILSON, Deputy clerk.
Subpoena: 8 Nov 1865; Williamson Bowles of Dade Co. for defense; read on 9 Nov 1865 to 2 citizens named Williamson Bowles by Monroe Morris as sworn by Morris' "x".
Subpoena: 8 Nov 1865; Williamson BOWLES of Dade Co, served by John D. JAMES and sworn to John H. MUNDY, J.P. on 9 Nov 1865.
Motion: filed 14 Nov 1865 by SHERWOOD, YOUNG, HENDRICK and BRAY, attorneys for defendant, to exclude testimony of Washington LEWIS.
Subpoena: 15 Nov 1865; Dr. G. B. BOWLES and William H. JOPES, for defense; served by W. L. A. COWAN of Dade Co.
Verdict: not dated; not guilty, signed by L. B. STILL, jury foreman.

4. State of Mo. vs Thomas ALLEN, using a stray without posting.
Indictment: filed 17 May 1866; W. W. HARGROVE, Grand Jury foreman.
Capias: 21 Sep 1866; Thomas Allen; sheriff fee $2.25.
Subpoena: 24 Sep 1866; R. L. CHITWOOD, Thomas Allen, W. W. HARGROVE, for state; Chitwood not in county; sheriff fee, $1.25.
Recognizance: 18 Oct 1866; Allen gave bond $500 with securities, three signatures illegible.
Subpoena: 5 Nov 1866; Elizabeth ALLEN and Thomas B ALLEN, for defense.
Subpoena: 5 Nov 1866; Joseph McCUNE, Thomas M ALLEN, Matilda VERMILLION, Andrew MYRES; Myres not in county 8 Nov 1866; sheriff fee, $1.25.
Application: for change of venue: filed 8 Nov 1866, made by Thomas Allen, Jr.

5. State of Mo. vs J. J. MILLER, murder.
{Did not abstract Jasper County documents for witnesses etc.} Change of venue from Jasper Circuit Court, 24 Sep 1866. John C. PRICE, Circuit Judge; James ALLISON, Circuit attorney; Samuel CALDWEL, sheriff. Charged with 2nd degree murder for shooting twice one William H. MONTHEIR; verdict, guilty; sentence not recorded in these documents.

6. State of Mo. vs Jonathan H. WORMINGTON.
Indictment: true bill; filed 15 Nov 1865, used stray without posting, signed by George W. RANDOLPH, Circuit Attorney. W. W. HARGROVE, Grand Jury foreman.
Capias: 21 Sep 1866; J. H. Wormington.
Subpoena: 25 Sep 1866; Gabriel BOUCHER, Martin MORRIS and Joseph W. YOUNG, for state; sheriff fee $1.50.
Recognizance: 17 Oct 1866; Wormington gave bond $500 with Gilbert SCHOOLINC, and Richard T. REED as securities.

7. State of Mo. vs Royston HALEY, obstructing a highway.
Indictment: filed 7 Nov 1866; charges Haley built a dam in Hickory Creek causing water to overflow and block a public highway; George RANDOLPH, Circuit Attorney.
Capias: 21 Sep 1866; Royston Haley.
Recognizance: 29 Sep 1866; Haley gave bond {his X} $200 with William GARRINGER (x) his mark; sheriff fee, $2.25.
Subpoena: 26 Sep 1866; James CHERRY, Sr., and Leonidas STROUD, for state; sheriff fee $1.00.
Subpoena: 8 Nov 1866; Leonidas Stroud, Jesse ROLES, George HALEY, Samuel MILTON, Edmond SAMUEL and Thomas McDANIEL, for defense; J. D. JONES fee $3.00.
Motion to quash: because it is not indictable offense under laws of this state, McAFEE and ESTES, attorneys for defense.

8. State of Mo. vs Frank M JENNINGS.
Indictment: In July 1865 Jennings did "cut down, destroy and carry away a large quantity of timber and trees" from property of P. M. WEAR.
Capias: 25 Sep 1866; Frank Jennings.
Recognizance: 29 Sep 1866; Jennings gave bond $200 with William ANDERSON and John GOODIN as securities; Sheriff fee, $2.25.
Capias: 25 Sep 1866; Golly JENNINGS; not in county as of 3 Nov 1866; sheriff fee, $.50.
Subpoena: 26 Sep 1866; Pleasant M. WEAR, J. L. HOLT, and Reuben LINES, for state; Lines not in county, sheriff fee, $1.25.
Subpoena: 1 Nov 1866; Reuben Lines and Lewis LINES, Sr., for state; served to Lewis LYNER in McDonald County, Reuben LYNER not in county, 6 Nov 1866, J. V. HARGROVE, Sheriff, McDonald County. Fee $.75 and $.03 for postage stamp.
Capias: ? Nov 1866; Golly Jennings; not in county as of 28 Nov 1866; sheriff fee, $.50.
Attachment: Capias for Lewis LYNER I Feb 1867; contempt for disobeying a subpoena; not served by order of McDonald County Court because of party's inability to come to court. Filed 6 Feb 1867.

9. State of Mo. vs Z. T. NEWMAN, James M. KELLOGG, James HENSLEY and John BROWN.
Indictment
: Filed 17 Nov 1866 states the defendants "bet one pint whiskey of value $1" on game of chance on 1 Aug 1866, signed by HARDIN, Circuit Attorney Pro tem; James M. MOORE, Grand Jury foreman.
Capias: 17 Nov 1866; James M. Kellogg; served 17 Nov by J. M. FILLER, fee $1.00.
Capias: 16 Nov 1866; Z. T. Newman; served 17 Nov 1866; sheriff fee, $1.00.
Capias: 17 Nov 1866; John Brown; served 19 Nov 1866 by James F. GIBSON, fee $1.00.
Capias: 17 Nov 1866; James Hensley; served 21 Nov by J. D. JAMES, fee $1.00.
Subpoena: 3 Apr 1867; W. W. WHALEY, for state; Deputy Sheriff P. F. CLARK fee $.50.
$10 fine paid by John Brown 2 Sep 1867.
$10 fine paid by Z T Newman 9 May 1867.
Bill of costs: Clerk, $2.50,$1.00; FILLER, $1.00; Clark, $.50; Cir. Atty., $5.00; ?, $5.00; ?, $10.00; Total, $20.00. {Should be $25.00.}

10. State of Mo. vs James HAYS, felonious assault.
Indictment: charges on 2 Apr 1866 Hays assaulted Anderson STERRITT with a pistol commonly called a revolver.
Capias: 27 Sep 1866; James HAYSE; executed 8 Nov 1866 by J. H. PATTERSON, Greene Co. Sheriff fee $1.00.
Capias: 10 Nov 1866; James Hays; sheriff fee, $1.00.
Subpoena: 3 Apr 1867; John WILSON, Anderson STARRETT, William WHALEY, John BROWN and J. S. HARGROVE, for state; sheriff fee, $2.50.
Subpoena: 29 Mar 1867; Joseph W. HAYES, for defense; not found in County as of 9 May 1867, by James GIBSON, sheriff, and Jacob LOLLAR, deputy.
Subpoena: 6 May 1867; J. W. Hayes, Z. T. NEWMAN, and James REEF(?), for defense; served by John UNDERWOOD, deputy.
Subpoena: 5 Nov 1867; J. W. HAYS, William PHILLIPS, Z. T. Newman, James KEEF? (KEFF?); served by W. G. MOODY, deputy sheriff. Subpoena: 14 Mar 1868; j L HARGROVE and William B LANDRUM; sheriff fee, $1.00.
Subpoena: 14 Mar 1868; Anderson Starrett, John Wilson, William Whaley, and John Brown; sheriff fee, 1.50.
Subpoena: 5 May 1868; E. SAMUELS, for defense, John S. POINDEXTER, fee $.50.
Subpoena: 5 May 1868; Z. T. Newman, for defense; fee, $.50.
Subpoena: 6 May 1868; W. M. STEPHENSON, for defense; fee, $.50.
Jury instructions: filed 7 May 1868.
Subpoena: 2 Nov 1868; William STEPHENSON, Edward FOUNTAIN, Z. T. Newman, William PHILLIPS, and J. W. Hays; fee, $2.50.
Subpoena: 5 Nov 1868; Samuel E. ROBERTS, for defense; fee $.50.
Capias: 6 Nov 1868; William B. Landrum and Anderson Starrett; to testify for state and answer contempt charge; arrested and brought to court 7 Nov 1868.
Subpoena: 9 Nov 1868; W. W. WHALEY; fee, $.50.
Subpoena: 3 May 1869; William Stephenson, Z. T. Newman, Ed SAMUELS, J. W. Hays, Elisha BROWNING and Samuel E. Roberts, for defense; Stephenson not in county; Thomas SAMUELS, sheriff, and John McFALL, deputy, fees $2.50.
Subpoena: 10 Oct 1869; Samuel Roberts, E. Samuels and J. W. Hays, for defense; fees, $.50.
Subpoena: 16 Oct 1869; Z. T. Newman, William Stephenson and Elisha Browning, for defense; fee, $1.35.
Transcript: to Cassville, Barry County, Mo, 11 Mar 1870.
Bill of costs: from Barry County, April term 1870: Clerk fees: for filing transcript, .05; for filing & entering motion to strike; .20; for filing & entering continuance, .15; for affidavit for continuance, .15; for entering continuance, .25.
Bill of costs: from Barry County, October term 1870: Issuing 1 Spa for, .25; filing & entering motion to strike, .15; for judgment, .50; for 12 oaths to witnesses to attendance, .60; for cy of entry on record & seal, .60; for cy of bill of costs & seal, .75; for postage, .15. R. J. D. STEPHENS, Deputy Sheriff Barry County fees; for serving 4 Spas for state, 2.00. April term 1870 witness fees: John G WILSON 2 days 66 miles, 7.78; Edmond SAMUEL, 7.78; W W WHALEY, 7.78; John S. BROWN, 7.78; S. E. ROBERTS, 7.78; Z. T. NEWMAN, 7.78; Oct term 1870 witness fees: John G. WILSON, 1 day, 6.53; William W. WHALEY, 6.53; John S. BROWN, 6.53; S. E. ROBERTS, 6.53; Z. T. NEWMAN, 6.53; A. STARRETT, 90 miles, 8.45: Subtotal, 87.78; Total, 93.58.

11. State of Mo. vs George MESSICK, larceny.
Nolli 364; opened and filed 16 May 1867; A P GIBSON, sheriff; LOLLAR, clerk.
True bill: charges on 1 Sep 1866 George W Messick did steal ... a mare valued at $100,property of Gilbert SCHOOLING; signed George W. RANDOLPH, Circuit Attorney; W. W. HARGROVE, Grand Jury foreman. "This true bill ... excepting the names of parties jointly indicted."
Capias: 21 Sep 1866; George W. Messick; sheriff fee, $1.50; Messick gave bond one thousand dollars on 1 Nov 1866 with William BOWERS as security; accepted by Thomas COLLEY, J. P.
Subpoena: 24 Sep 1866; William B. HAMILTON and James COATS for defense.
Subpoena: 3 Apr 1866 {sic--should be 1867} T. L. DOWNING, Alvis SHEPPARD, J. M. COLLEY, Vincent SCOTT, and Danl STEVENSON, for state.
Subpoena: 29 Apr 1867; George BOWERS, Jasper CHARLES, Richard LYONS, Samuel SCOTT, Anderson STARRETT, and George MESSICK, for defense; sheriff fee, $3.00.
Subpoena: 10 May 1867; Gilbert Schooling, W. E. BIDDLECOME, J. DEGRAFFENREID, for state; Schooling not found in county, fee, $1.00, T. L. DOWNING, deputy sheriff.
Examination: "I knows the defend and {sic} George W. Messick. I was at Wiley HARPER's in Lawrence County Missouri in the year 1861 in the fall of the year, I think when Captain PETTICORD commanding a detachment of troops came and took by force of arms a horse which belonged to a Mr. Scowling. We sent a force after them (consisting of citizens) after they had left; but could not over take them, and did not get the horse back. I saw the horse taken by Petticord and his men, and it was known that it was scowling's horse--I knew nothing more what became of the horse. Defendant was not one of the men who took the horse at the time mentioned." Signed: W. P. MESSICK. Sworn testimony taken by William E. WOOTTEN, Judge, Red River County, Texas, on 27 Dec 1866. Document bears the orange seal of the circuit court in Texas and the yellow seal of the clerk. Postage stamps affixed to documents: two 5 cent stamps and three 2 cent stamps.

12. State of Mo. vs Monroe RAMSEY and Lafayette JOHNSON, for gaming.
Indictment: charges defendants on __ Jan 1866, betting on game of chance {cards}; RANDOLPH, circuit attorney; state witness, M. M. DUKE.
Capias: 21 Sep 1866; Monroe Ramsey; sheriff fee, $.50, "Not in county this 3 Nov 1866."
{see also Bundle 28}

13. State of Mo. vs Matt BENNETT.
Indictment: Filed 9 Nov 1866; charges on 5 Nov 1866 Matt Bennett, Charles YOUNG and Z. T. NEWMAN ran a common gaming house; James T. HARDIN, Circuit Attorney Pro tem; James M. MOORE, Grand Jury foreman; state witnesses, Z. T. Newman, Charles Young, and James E. JOHNSON.
Capias: 10 Nov 1866; Matt Bennett.
Capias: 10 Nov 1866; Z T Newman: sheriff’s fee, $1.00.
{See also Bundles 14, 16 17 and 42}

14. State of Mo. vs Charles YOUNG, gaming.
Indictment: filed 9 Nov 1866; charges Charles Young, Matt BENNETT and Z. T. NEWMAN on 6 Nov 1866 bet a large sum of money towit five dollars on a certain game of chance (deck of cards); state witness, James E. JOHNSON.
Capias: 10 Nov 1866; Matt Bennett.
Capias: 10 Nov 1866; Z T Newman; sheriff’s fee, $1.00.
Capias: 10 Nov 1866; Charles Young; sheriff’s fee, $1.00.
Subpoena: 1 May 1867; James E. Johnson; Marked Nolli 339 on back of document.
Subpoena: -Nov 1867; Z. T. Newman; sheriff’s fee, $.50.
{See also Bundles 13, 16, 17 and 42}

15. State of Mo. vs James M. KELLOGG and Robert JENNINGS, gaming.
Indictment: filed 17 Nov 1866; charges Kellogg and Jennings on 10 Aug 1866 bet one pint whiskey, value $1.00, on game of chance (deck of cards).
Capias: 17 Nov 1866; James M. Kellogg; sheriff’s fee, $1.00.
Capias: 17 Nov 1866; Robert Jennings; sheriff’s fee, $1.00.
Subpoena: 1 May 1867; Wm. W. WHALEY, for state; sheriff’s fee, $.50.

16. State of Mo. vs James JOHNSON, gaming.
Indictment: filed 13 Nov 1866; charges on 7 Nov 1866 Johnson bet a large sum of money towit five dollars on a game of chance (deck of cards); state witnesses, Charles YOUNG and John STEWART.
Capias: 13 Nov 1866; James E. Johnson; sheriff’s fee, $1.00.
Plea: 15 Nov 1866; pleads guilty.
{See also Bundles 13, 14, 16, 17 and 42}

17. State of Mo. vs Matt BENNETT.
Indictment: filed 6 Nov 1866; charges on 6 Nov 1866 Bennett was keeping a common gaming house; state witnesses,, Charles YOUNG, James JOHNSON and Z. T. NEWMAN.
Capias: 10 Nov 1866; Matt Bennett; sheriff’s fee, $.50.
Plea: Pleads guilty 13 Nov 1866.
{See also Bundles 13, 14, 16, 17 and 42}

18. State of Mo. vs John STEWART and Charles YOUNG, gaming.
Indictment: filed 9 Nov 1866; charges on 7 Nov 1866 Stewart and Young bet a large sum of money (five dollars); state witness, James E. JOHNSON.
Subpoena: __ Nov 1867; Z. T. NEWMAN; sheriff’s fee, $.50; executed 5 Nov 1867.
Capias: 10 Nov 1866; Charles Young; sheriff’s fee $1.00.
Capias: 10 Nov 1866; John Stewart; sheriff’s fee $1.00.
Plea: of guilty by Stewart.
Nolli pg 339.

19. State of Mo. vs G. R. CANEFAX, violating Sunday laws.
Indictment: filed 17 Nov 1866; three charges; on 7 Oct 1866, kept open grocery store on Sunday, kept open a Tippling Shop on Sunday, sold distilled liquors towit one pint whiskey to “person unknown to the jurors” for one dollar on Sunday; witness, Zach WARREN.
Capias: 17 Nov 1866; G. R. Canefax; J. D. JONES, deputy sheriff, fee $1.00.

20. State of Mo. vs G R CANEFAX, violating Sunday laws.
Indictment: Filed 17 Oct 1866; charges on 14 Oct 1866 kept open a grocery store on Sunday, kept open a Tippling Shop on Sunday and sold a pint of whiskey on Sunday; state witness, Zach T. WARREN.
Capias: 17 Nov 1866; G. R. Canefax; executed 23 Nov 1866 by J. D. JONES, fee $1.00.

21. State of Mo. vs John STEWART, lst charge, larceny; 2nd charge, robbery.
Indictment: filed 8 May 1862; charges Stewart on 15 Oct 1861 stole mare property of William RAMSEY; E. GAITHER, Grand Jury foreman.
Subpoena: 25 July 1862; Mary J. ROBERTS, James ROBERTS and Elizabeth TAYLOR "to testify for the state in a matter where John Stewart is defendant charged with killing a hog"; P. M. WEAR, clerk; S. E. ROBERTS, sheriff; Wm. ANDERSON, deputy; instrument not served to Taylor.
Subpoena: 25 Jul 1862; William Ramsey, John STOUT, Edmund RAMSEY and Edward JONES, for state; Stout not in county; Sheriff fee $1.75.
Capias: 10 Nov 1866; John Stewart; robbery.
Capias: 10 Nov 1866; John Stewart; larceny, sheriff’s fee $.50.
Subpoena: 3 Apr 1867; William Ramsey, Edmund Ramsey and Edward Jones, for state Sheriff’s fees for three subpoena $1.50.
General continuance 10 May 1867, pg 363.

22. State of Mo. vs John TUNNAGE, unlawfully preaching.
Indictment: filed 14 Nov 1866; charges Tunnage on 15 Sep 1866 did unlawfully preach as a clergy without taking oath of loyalty as required by 3rd, 6th, 9th and 14th sections of second article of state constitution adopted 1865; James M. MOORE, Grand Jury foreman.
Capias: 14 Nov 1866; John Tunnage; sheriff’s fee $1.00.
Subpoena: A. DOBYNS and Wm. QUIRRY, for state; executed 7 Nov 1867 by T. L. DOWNING, deputy sheriff; fee $1.00.
Motion: Not indictable offense under state law, ?P? KELLY? {name is badly smudged}, attorney for defendant.

23. State of Mo. vs Claib OSBORNE.
Indictment: filed 17 Nov 1866; charges Claiborne Osborne sold stray sow valued at twenty dollars without posting; no date of offense; state witness, Samuel PATTON.
Capias: 17 Nov 1866; Claib Osborne; sheriff’s fee $.50; not in Lawrence Co. as of 28 Nov 1866.
Capias: 20 May 1867; Claiborne Osborne; to sheriff of Jasper County; executed by S. H. CALDWELL, sheriff; fees: serving writ, $1.00; 1 day transporting and guarding prisoner, $1.25; 36 miles at eight cents/mile from Sarcoxie, $2.88; total, $5.13.
Motion: filed 7 May 1869; Not indictable offense under state law, etc., SHERWOOD & YOUNG, attorneys for defense; filed 7 May 1867.

24. State of Mo. vs Charles YOUNG, for gaming.
Nolli 275.
Capias: 14 Nov 1866; Charles Young; executed 15 Nov 1866 by J. M. FILLER, fee $1.00.
Subpoena: 16 Nov 1866; James JOHNSON, for state; J. T. GIBSON fee $.25; not found in County 28 Nov 1866.

25. State of Mo. vs Albert G McCUNE, gaming.
Indictment: filed 17 Nov 1866; charges on 4 Aug 1866 McCune, James M. KELLOGG and Henry GEORGE bet one pint whiskey on game of chance; state witness, W. W. WHALEY.
Capias: 17 Nov 1866; James M. Kellogg; sheriff’s fee, $1.00.
Capias: 16 Mar 1867; Henry George; sheriff’s fee $1.50; gave bond $200 on 11 Apr 1867 with Wyatt HARRIS as security.
Subpoena: 5 Apr 1867; W. W. Whaley, for state; sheriff’s fee $.30.
Capias: 9 May 1867; Albert G. McCune; sheriff’s fee $1.00.
Acquitted marked on bundle, no date.

26. State of Mo. vs James H. FAGG.
{Change of venue from Greene County.}
Order of Court, Circuit Court of Greene County. 1st Monday in January 1866 at the Court House in the City of Springfield, Greene County, Missouri. Present: S. H. BOYD, Judge of the 14th Judicial Circuit in State of Missouri; R. W. FYAN, Circuit Attorney.; R. A. C. MACK, Clerk of our said Court; John A. PATTERSON, Sheriff of Greene County. Inland Jury: J. L. LEWIS, T. W. SHOLLERD, James KEELLRIEN, Martin ALSUK, L. L. WHITLOCK, John M. BRINGHAM, Hugh BOYD, {name illegible}, Nathan PHILLIPS, Alseg ONEAL, Jefferson KEGRISEN, C. THLARMNILE(?), C. C. TURNER, R. H. WILLIAMS, John HARKNESS, George WILIBIARD(?).
Remarks 12 Jan 1866.
Indictment: 21 Mar 1865 at the County of Greene, Missouri. Mislawfully, willfully, and falsely, fraudulently and feloniously forge and counterfeit a certain promissory note for the payment of money purporting to James H. Fagg, Joe FAGG and C. T. DUNWRIGHT payable to the order of James H. Fagg, endorsed and delivered to the Branch of the Bank of the State of Missouri for value received. Forged and counterfeited promissory note, $150. Springfield, Mo., 21 Mar 1865. Four months after date {?} promise to pay to the order of James H. Fagg $150 for value received, negotiable and payable at the Branch of the Bank of the State of Missouri at Springfield without {?} or discount with 8% interest after due. Signed: James H. Fagg, Joel Fagg, C. T. Dunwright. The name of C. T. Dunwright was falsely, fradulently and feloniously forged to said note by James H. Fagg.
Petition for change of venue: Petition further represents that the judge of this Court is so prejudiced against the defendant and that he cannot have a fair and impartial trial in this court. Shaw HARDIN, defense attorney.

27. State of Mo. vs Lafayette JOHNSON, Stephen WORSHAM, Charles DURNELL, Monroe RAMSEY, gaming.
Indictment: filed 12 May 1866; charges on 1 Dec 1865 Lafayette Johnson, Stephen Worsham, Charles Durnil and Monroe Ramsey bet $5 on game of chance (deck of cards); state witnesses M. M. DUKE and John H. MUNDAY.
Capias: 11 Jun 1866; Charles Durnell; not found in county this 22 Oct 1866.
Subpoena: 10 Sep 1866; M. M. Duke and John H. Munday, for state; executed 22 Oct and 27 Oct respectively; note penciled on back of subpoena says "Defts plead guilty Fall term A.D. 1866.
Capias: 21 Sep 1866; Lafayette Johnson.
Capias: 25 Sep 1866; Stephen Worsham.
Recognizance: 16 Oct 1866; Stephen Worsham gave bond $200 with William T. WORSHAM and Benjamin S. THAXTON as securities.
Recognizance: 18 Oct 1866; Lafayette Johnson gave bond $200 with A. J. DURNIL and Thomas GRAHAM as securities.
Subpoena: 12 Nov 1866; L. M. JOHNSON, for state; executed 13 Nov 1866.
Execution: 16 Jan 1867; $10 fine and $11.63 costs against Lafayette Johnson; Johnson taken into custody 8 May 1867; unsigned note on document reads: received payment in full this 8 May 1867.
Execution: 16 Jan 1867; $10 fine and $11.63 costs against Henry S. WORSHAM; return states that sheriff has seized all interest, title and estate containing 39 acres and 61 acres on 16 Apr 1867.
Sheriff report of sale: 14 May 1876; On 13 May 1867 on court house steps sold estate of Henry S. Worsham; east 1/2 of lot 2, NE fractional qtr of S(3) T(29) R(27) to William T. Worsham for $53.00.

28.State of Mo. vs Lafayette JOHNSON and Monroe RAMSEY, gaming.
Indictment: filed 24 Jan 1866; charges Johnson and Ramsey on __ Jan 1866 bet large sum of money towit one dollar; state witnesses, J. A. WORSHAM, Z. T. NEWMAN and Charles DURNIL.
Capias: 21 Jan 1866; Lafayette Johnson; sheriff’s fee $2.25.
Capias: 27 Jan 1866; Monroe Ramsey; sheriff’s fee $2.25.
Subpoena: 31 Jan 1866; M. M. DUKE; executed 19 Apr 1866, sheriff’s fee $.75.
Bond: 3 Feb 1866; Lafayette Johnson $100 with J. M. KELLOGG and J. J. OWENS as securities.
Bond: 11 Apr 1866; Monroe Ramsey $100 with W. W. RAMSEY as security.
Subpoena: 23 Apr 1866; J. A. WORSHAM, Charles DURNIL and Z. T. NEWMAN, for defense.
Motion: filed 9 May 1866; to quash indictment by HENDRICK and BRAY, Attorneys for defense.
{See also Bundle 12}

29. State of Mo. vs Henry THAXTON, James HUNLEY, Charies.YOUNG, Samuel SMITH, Thomas JONES, John D. JONES, E. McCUNE, Oscar WEAR, W. M. SIMS, Watson SPAN, S. S. RAY, Lawson HILL, James RANDOLPH, James M. KELLOGG, Alonzo WASHAM, William C. BLACKMON, Spencer BLACKMON, Stephen WASHAM, A. J. WASHAM, William BROWN, Robert JENNINGS, and Frank JENNINGS.
Nolle prosequi.
Indictment: filed 2 Jan 1866; charges on __ day of Jan 1866 defendants bet a large amount of property towit four drinks of whiskey and fifteen cents worth of candy on a game of chance; state witnesses, M. M. DUKE, Ramsey DAVIS and Z. T. NEWMAN.
{Note: The following capias writs and the motion to quash are each filed separately in the drawer. Henry LOLLAR is listed as Clerk on each of the writs; charge on each is gaming; sheriff's fees were $1.50 for serving each writ, $.75 for unsuccessful attempt to serve writ and $.75 for taking bond; all required an appearance on the 6th Monday after the 4th Monday in March, 1866, (the May Term.)
Capias writ in the cause of State of Missouri vs:
Alonzo WASHBURN: 27 Jan 1866; Not in County 25 Apr 1866; sheriff’s fee: $.75.
Robert JENNINGS: 29 Jan 1866; Gave bond of $100 on 3 Feb 1866 with J. D. JONES and J. M. KELLOGG as securities; sheriff’s fee, $2.25.
H. Stephen WASHHAM: 29 Jan 1866; Gave bond of $100 on 6 Feb 1866 with Z. T. NEWMAN and W. M. SIMS as securities; sheriff’s fee, $2.25.
John D. JONES: 29 Jan 1866; Gave bond of $100 on 3 Feb 1866 with Z. T. NEWMAN and Robert JENNINGS as securities; sheriff’s fee, $2.25.
Frank M. JENNINGS: 29 Jan 1866; Gave bond of $100 on 16 Apr 1866 with Robert JENNINGS as security; sheriff’s fee, $2.25.
J. A. WORSHAM: 29 Jan 1866; Gave bond of $100 (no date) with William ANDERSON as security; sheriff’s fee, $2.25.
Spencer BLACKMON: 29 Jan 1866; Gave bond $100 3 Feb 1866 with John W. PRICE and Mordecai M. DUKE as securities; sheriff’s fee, $2.25.
Albert L. McCUNE: 29 Jan 1866; Gave bond $100 18 Mar 1866 with B. L. HENDRICK as security; sheriff’s fee $0.75.
Charles YOUNG: 29 Jan 1866; Gave bond $100 3 Feb 1866 with J. M. MOORE and W. P. BROWN as securities; sheriff’s fee $2.25.
Richard DAVIS: 29 Jan 1866; Not found in county 7 May 1866, sheriff’s fee $0.75.
James M. KELLOGG: 29 Jan 1866; Gave bond $100 3 Feb 1866 with J. K. JACKSON and Porter JONES as securities; sheriff’s fee $2.25.
William BLACKMON: 29 Jan 1866; Gave bond $100 6 Feb 1866 with W. M. SIMS and H. S. WORSHAM as securities; sheriff’s fee $2.25.
Martin FRIES(?): 29 Jan 1866; Not found in County as of 25 April 1866; sheriff’s fee: $0.75.
James F. HENSLEY. 29 Jan 1866; Gave bond $100 3 Feb 1866 with Henry THAXTON and William B. WORSHAM as securities; sheriff’s fee $2.25.
H. Lawson W. HILL: 29 Jan 1866; Gave bond $100 3 Feb 1866 with J. D. JONES and Mordecai M. DUKE as securities; sheriff’s fees $2.25.
William BROWN: 29 Jan 1866; Gave bond $100 3 Feb 1866 with C. Z. YOUNG and J. M. KELLOGG as securities; sheriff’s fee $2.25.
S. S. RAY: 29 Jan 1866; Gave bond $100 6 Feb 1866 with John W. PRICE and N. B. HOCKER as securities; sheriff’s fees $2.25. (Note: bond signed as L. S. RHEA)
James RANDOLPH: 29 Jan 1866; Gave bond $100 8 Feb 1866 with T. H. JONES and H. L. W. HILL as securities; sheriff’s fee $2.25.
W. M. SIMS: 29 Jan 1866; Gave bond $100 (no date) with A. L. PHARISS and John W. PRICE as securities; sheriff’s fee $2.25.
Watson SPAN: 29 Jan 1866; Not found in county 25 Apr 1866; sheriff’s fee $.75.
Thomas JONES: 29 Jan 1866; Gave bond 3 Feb 1866 with Z. T. NEWMAN and A. J. Durnil as securities; sheriff’s fee $2.25.
Oscar WEAR: 29 Jan 1866; Gave bond 3 Feb 1866 with H. GEORGE and G. W. JONES as securities; sheriff’s fee $2.25.
Samuel SMITH: 29 Jan 1866; Gave bond 3 Feb 1866 with Z. T. NEWMAN as security; sheriff’s fee $2.25.
Henry THAXTON: 29 Jan 1866; Gave bond 3 Feb 1866 with Lafayette JOHNSON and F. HENSLEY as securities; sheriff’s fee $2.25.
Motion to quash: filed at the May term 1866; to quash indictment for gaming against defendants: James Hensley, Charles Young, Samuel Smith, Thomas Jones, John D Jones, E McCune, Oscar Wear, W M Sims, Watson Spann, S S Ray, Lawson Hill, James Randolph, William C Blackmon, Spencer Blackmon, Stephen Washam, A. J. Washam, William Brown, Robert Jennings and Frank Jennings because: lst, Indictment does not say betting done at, on or by means of a gaming table or device, 2nd, Indictment does not charge said barrell and pack of cards was gambling device; HENDRICK and BRAY, Attorneys for defendants.

30. State of Mo. vs Robert E BOYD; robbery.
Nolli Pros 10 May 1866, pg 112.
Capias: 20 Feb 1866; Robert Boyd; sheriff’s fee $1.50.
Bond: 24 Feb 1866; Robert Boyd $700 with Matilda A. CALDWELL and Joseph HARPER as securities; approved by Thomas COLLEY, Justice of County Court.

31. State of Mo. vs Joe HARPER; robbery.
Nolli pros 10 May 1866.
Indictment: filed 18 May 1864; charges on 15 Apr 1863 stole overcoat ($10), boots ($5), pair of pants ($3), and $33 in gold current coin worth $33 and a quantity of ammunition ($1) all the personal property of Joseph SPARKS; George RANDOLPH, circuit attorney; Robert DOWNING, Grand Jury foreman.
Capias: 5 Oct 1865; Joe Harper; served 6 Nov 1865, J. M. FILLER's fee $1.50.

32. State of Mo. vs L. A. D. CRENSHAW and Kit CARSON, selling goods without a license.
Nolle.
From Greene County 1864. {Did not abstract all Greene Co. documents. Transcript from docket of Greene County includes county officials and grand jury member names.}
Capias: 13 July 1864; Kit CARSON.
Subpoena: 9 May 1866; John WINTERSTEEN and Larry SQUIBB; H. GEORGE, circuit clerk Lawrence Co; executed 11 May 1866.

33. State of Mo. vs L A D CRENSHAW and Kit CARSON, selling goods without license.
On change of venue from Greene County. 1864. Opened and filed 27 Jun 1866. {Did not abstract all Greene Co. documents.}
Indictment: 11 July 1864; sold one linen coat to R. B. COLEMAN for $3.50 without having a merchants license or any other legal authority. James F. HARDIN, 14th Circuit Attorney.
Capias: 14 Jul 1864; L. A. D Crenshaw.
Motion: Petition to quash indictment by SHERWOOD and YOUNG, attorneys.

34. State of Mo. vs George HALEY and Mat SIMS.
Subpoena: 31 Jana 1866; Z. T. NEWMAN, Henry THAXTON, Rum DAVIS, William BROWN, and James T. RANDOLPH, for state; executed 3 May 1866, Brown, Thaxton and Randolph not found in county; sheriff’s fee $2.95.
Certification of publication from BIDDLECOME & KELLY Publishers, signed by Robert KELLY, 6 May 1867, states notice published in "Spring River Fountain" 4 weeks successively Apr 4, 11, 18, 25 and in No. 6, 7, 8, and 9 of Vol. 1 of said paper. Bottom half of page is missing.
{The following documents are filed separately.}
Indictment: charges on 22 Jan 1866 and other days before that Haley and Sims ran a common gambling house. {3 1/2 page indictment.}
Capias: 29 Jan 1866; George Haley; sheriff’s fee $2.25.
Capias: 29 Jan 1866; Mat Sims; sheriff’s fee $2.25.
Recognizance: 6 Feb 1866; Sims gave bond $1,000 with Z. T. Newman and W. C. BLACKMON as securities.
Recognizance: 7 Apr 1866; Haley gave bond $1,000 with M. M. DUKE and G. R. CANEFAX as securities {signature reads CANNEFAX.}
Motion to arrest judgment: 17 May 1866, YOUNG & BRAY, attorneys for defense.
Motion for new trial: 17 May 1866, Young & Bray, attorneys for defense.
Newspaper clipping: Sheriff's sale, in the matter of Missouri vs Haley and Sims, will offer at court house door on Monday the 6th day May, 1867, NE qtr S 28 T 29 R 26 and South half of SW qtr of S 7 T 28 R 26; James F. GIBSON, Sheriff.

35. State of Mo. vs Edward JONES, attempted murder.
Indictment: charges Jones on 30 June 1866 with pistols, leaden balls and gunpowder assaulted James ROBERTS with intent to kill.
Capias: 9 Nov 1866; Edward Jones; J. T. GIBSON’s fee $1.00.
Subpoena: 10 Nov 1866; James Roberts, James GLASSCOCK, Milton R. KERNEY, Cyrus BRYANT, Daniel STEPHENSON, John TERRELL, for state; Bryant not found in county 12 Nov 1866.
Subpoena: 10 Nov 1866; James H. Glasscock and John Terrell, for defense; sheriff’s fee $1.00.
Instructions to jury: if they believe defendant was present aiding and abetting Monroe RAMSEY in assault they must find defendant guilty.
Verdict: Not guilty signed by Henry CHILDRESS, foreman.
Capias: 20 Nov 1866; Edward JONES, for defense in Mo. vs Monroe RAMSEY.
{See also Bundle 44.}

36. State of Mo. vs Zed T. NEWMAN, violating Sunday laws.
Indictment: filed 17 Nov 1866; charges on 4 Nov 1866 kept open grocery store on a Sunday to purposely sell liquor to customers; state witness, Jack L. WARREN.
Capias: 17 Nov 1866; Z. T. Newman; J. M. FILLER's fee $1.
Subpoena: 19 Nov 1866; James M. KELLOGG and John W. PRICE, for state.
Verdict: Not guilty as charged, signed by C. A. STRINGER, foreman.
{See also Bundle 41.}

37. State of Mo. vs David PORTER, perjury.
Indictment: filed 17 Nov 1866; charges Porter on Oct 1866 "appears before Samuel E. ROBERTS a registering officer .. authorized to administer the oath of loyalty to all persons offering to register as qualified voters ... When in truth ... Porter had ... Aug 1866 ... given aid comfort continuance and support to persons engaged in armed hostility to and against the government of the United States ... by then and there counselling {sic} and advising persons to join and remain in the military service of the so-called Confederate States of America And by advising persons not to enter the Military service of the United States."
Capias: 17 Nov 1866; David Porter; sheriff’s fee $1.00.
Subpoena: 3 Apr 1867; John T. GULLETT, William W. HARGROVE, Elmore FAUSETT and Mrs. James CAUDIN (CAMDEN?), for state; sheriff’s fee $2.00.
Motion to quash: ESTES, defense attorney, filed 9 May 1867.
Subpoena: Wyatt HARRIS for state; "and bring a copy of the list of (illegible) of Reg. officers"; executed 9 May 1867.
Subpoena: 9 May 1867; Robert PHARISS and Isaac WEST, for state; sheriff’s fee $.50, clerk fee $.50.
Subpoena: 9 May 1869; Samuel E. Roberts; "and bring into Court your appointment as Registering officer;" sheriff’s fee $.50.
Verdict: 9 May 1867; Not guilty as charged, George F. BROWN, foreman.

38. State of Mo. vs Charles YOUNG and Oscar WEAR, felonious assault.
Capias: 12 Nov 1866; Charles Young and Oscar Wear.
Subpoena: 3 Apr 1867; L. M. Johnson and A. L. PHARISS, for state; sheriff’s fee $1.00.
Subpoena: 7 May 1867; John STEWART and William BAILY, for defense; sheriff’s fee $.75.
Subpoena: 28 Oct 1867; Francis GATHER and John STEWART, for defense; Gather {sic}not in county, sheriff’s fee $.75.
Subpoena: 8 Mar 1868; L. M. Johnson and A. L. Phariss; John S. WILSON, deputy clerk, sheriff’s fee $1.00.
Motion to quash: 4 May 1868; (illegible) and McCUNE, attorneys for defense; rejected.
Bill of excepts: undated; John C. PRICE, Cir. Judge.
Indictment: filed 5 May 1868; circuit attorney James F. HARDIN; charges on 15 Aug 1866 Young and Wear assaulted L. M. JOHNSON with large stones, pistols, leaden balls and gunpowder.
Change of venue: To Greene County 4 May 1869 pg 108; Transcript made 25 Jun 1869, to Greene County 9 Jul 1869.

39. State of Mo. vs Z. T. NEWMAN, selling liquor on Sunday.
Indictment: filed 13 Nov 1866; charges on 14 Oct 1866 Newman sold one pint whiskey on Sunday to unknown person; state witness, James M. KELLOGG.
Capias: 13 Nov 1866; Z. T. Newman.

40. State of Mo. vs Greenberry BIAS, felonious assault.
Indictment: filed 16 Nov 1866; charges Greenberry Bias and John JONES on 4 Aug 1866 with pistols, leaden balls and gunpowder assaulted William H. WICKER.
Capias: 17 Nov 1866; Greenberry Bias; sheriff’s fee $1.00; note states George WHALEY was paid $3.60 for boarding the defendant 6 days at $.60 per day.
Subpoena: 26 Nov 1866; Elbert BIRT, W. W. HARGROVE and Susan CHENNOTH, for defense; J. W. UNDERWOOD’s fee $1.50.
Subpoena: 26 Nov 1866; William H. Wicker, Elizabeth WICKER and William C. DOBBS, for state; Underwood's fee $1.50.

41. State of Mo. vs Z T NEWMAN, selling liquor on Sunday.
Indictment: filed 13 Nov 1866; charges Newman on 4 Nov 1866 sold one pint whiskey on Sunday; state witness John W. PRICE.
Capias: 13 Nov 1866; Zedock T. Newman; sheriff’s fee $1.00; note on Capias says "fine for deft.”
{See also Bundle 36}

42. State of Mo. vs Charles YOUNG, gaming.
Indictment: filed 9 Nov 1866; charges Charles Young, Z. T. NEWMAN and Matt BENNETT on 5 Nov 1866 bet a large sum of money {$5} on game of chance; state witness, James E. JOHNSON.
Capias: 10 Nov 1866; Matt Bennett.
Capias: 10 Nov 1866; Z. T. Newman; sheriff’s fee $1.00.
Capias: 10 Nov 1866; Charles Young; sheriff’s fee $1.00.
Plea: Bennett pleads guilty 13 Nov 1866. Fined $10.00.
Plea: Newman pleads guilty --Nov 1866.
Subpoena: 15 Nov 1866; J. M. BENNETT, for defense; sheriff’s fee $.50.
Subpoena: 19 Nov 1866; J. Matthew Bennett and Z. T. Newman, for state; sheriff’s fee $1.00.
Subpoena: 1 May 1867; James E. JOHNSON, for state; not found in county; note on back says "Trial by court fined $10.00."
Subpoena: 4 Oct 1867; Violet WILLIAMS (colored), for state; sheriff’s fee $.50.
Subpoena: ? Nov 1867; Z. T. Newman for state; executed 5 Nov 1867, sheriff’s fee $.50. {See also Bundle 13.}

43. State of Mo. vs John STEWART and Charles YOUNG, robbery.
Indictment: filed 9 Nov 1866; charges on 7 Nov 1866 Stewart and Young stole gelding valued at $150.00 property of James E. JOHNSON.
Capias: 9 Nov 1866; Charles Young; sheriff’s fee $1.00.
Capias: 9 Nov 1866; John Stewart; sheriff’s fee $1.00.
Subpoena: 9 Nov 1886; John W. PRICE, Henry S. WORSHAM, Wesley PENNINGTON, and Emery WRIGHT to speak on Young's behalf; sheriff’s fee $2.00.
Subpoena: 10 Nov 1866; James E. Johnson, for state; sheriff’s fee $.50.
Verdict: Young found not guilty, S. E. ROBERTS, foreman.
Subpoena: 18 Nov 1866; H. S. WORSHAM, Wesley PENNINGTON, Charles Y. Young, John W. Price, George HALEY to speak on Stewart's behalf; J. D. JONE’s fee $2.50.
{No verdict in these records for Stewart.}

44. State of Mo. vs Monroe RAMSEY, felonious assault.
Indictment: filed 9 Nov 1866; charges Monroe Ramsey and Edward JONES 30 June 1866 with pistols, leaden balls and gunpowder and large stones assaulted James ROBERTS with intent to kill; Grand Jury foreman, James M. MOORE; James F. HARDIN, Circuit Attorney.
Capias: 10 Nov 1866; Monroe Ramsey (to Sheriff of Jasper County); not marked as executed.
Capias: 20 Nov 1866; Monroe Ramsey; sheriff’s fee $1.00.
Subpoena: 3 Apr 1867; James Roberts, James GLASSCOCK, Milton R. KERNEY, Cyrus BRYANT, Daniel STEPHENSON, and John TERRELL, for state; Kerney not in county 16 Apr 1867, sheriff’s fee $2.75.
{See also Bundle 35}

45. State of Mo. vs Benton BRITE, robbery.
Transcript of court docket.
Motion to quash: filed 10 Jul 1867.
{See also Bundle 2}

46. State of Mo. vs H. A. G. SMITH, petit larceny.
{In the following documents this defendant is referred to as Smith (whose Christian name is unknown), Minn Smith, Mint Smith, and H. A. G. Smith.}
Transcript: from James W. DAVIS, J. P. to circuit court; on 15 Jun 1865 Smith arrested and released on recognizance; case continued as defendant could not find counsel; on 22 Jul 1865 defendant states he is ready for trial.
Bill of costs: from Davis; justice fees, affidavit, $.35; docket, $.10; Writ, $.35; two subpoenas, $.70; Con Cause, $.35; recognizance of witness, $.35; recognizance of prisoner, $.35; transcript, $.35; total $2.90. Sheriff fees; serving writ, $1.50, serving 7 subpoena, $3.50; total $5.00. Witness fees; 1 day each at $1/day to H. Caldwell, W. N. DAVIS, G. S. D. JONES, and W. R. HILLHOUSE.
Capias: 15 Jun 1865; Smith; HENSLEY's fee $1.50.
Recognizance: Smith gave bond of $250 with E. B. SMITH and Joel MARTIN $125 each as securities.
Recognizance: Smith gave bond of $500 with Joel Martin as security. This recognizance states defendant is charged with stealing two pocket knives and one hat from Harper Caldwell.
Subpoena: 14 Jul 1865; John DUKE, Joel Martin and E. B. Smith, for defense; sheriff’s fee $1.50.
Affidavit: 15 Jul 1865; Defense has no counsel.
Recognizance: 15 Jul 1865; witnesses bond $50.00 each Harper Caldwell, William R. Hillhouse, W. N. Davis and G. Simon D. JONES.
Subpoena: 21 Jul 1865; Caldwell, Hillhouse, Davis and Jones, for state; Deputy Z. J. F. HENSLEY's fee $2.00.
Indictment: filed 11 Nov 1865; charges Mint Smith on 14 Apr 1865 stole a pocket knife valued at $1 property of Harper CALDWELL.
Capias: 11 Nov 1865; Smith; fee $1.30.
Subpoena: __ Nov 1865; Caldwell, Hillhouse, and Jones, for state; executed 14 Nov and 16 Nov 1865, sheriff’s fees $2.25.
Motion to quash: filed 11 May 1866.
Subpoena: 29 Oct 1866; Harper Caldwell, for state; sheriff HARGROVE’s fees $.50 and $.03 postage.
Subpoena: 29 Oct 1866; William R. Hillhouse and Simon Jones; J. B. WHEAT’s fee $.50 and J. F. GIBSON’s fee $.50.
Nolle 9 Nov 1866.

47. State of Mo. vs Eli G PARIS, forfeiture of recognizance.
{Includes documents from State vs John J. MORGAN.}
Indictment: Mo vs John Morgan, for larceny; On 1 Sep 1862 stole 2 beef steers of the value of $50 property of Bennett WELLMAN; John L. HOLT, Grand Jury foreman; state witnesses, Bennett Wellman, Charley Y. YOUNG, Marcus MOORE.
Capias: 23 Mar 1863; John J. Morgan; executed same day.
Subpoena: 5 Oct 1865; “Whereas 11 Nov 1862 John J. Morgan with Eli G Paris as security gave bond ... Morgan did not make his appearance on 6th Mon after 4th Mon in March 1863 to answer indictment for grand larceny.” Sheriff’s return: executed 13 Oct 1865, Greene County, read to Eli G. Paris. John J. Morgan not in county.
Answer: 7 Nov 1865, E. G. Paris denies that on 11 Nov 1862 entered into a recognizance and said John J. Morgan is dead and was dead before 1 May 1865; SHERWOOD and YOUNG, attorneys.
Petition for change of venue: filed 15 May 1866, prejudice of judge.
{See also Bundles 53, 71, 77, 79, 80, 81, 82, 83}

48. State of Mo. vs James WILSON, robbery.
Capias: 8 Nov 1865; James Wilson; sheriff states bond given same day, no amount listed on document.
Subpoena: Benj. KEYS for defense, executed 9 Nov 1865.
Motion to quash: filed 8 Nov 1865, by HENDRICK and BRAY attorneys: “since the finding and presenting of this bill of indictment the grand jury on 20 May 1865 presented another indictment for identical offense.”

49. State of Mo. vs Harrison GAW, grand larceny.
Indictment: charges Gaw on 15 Aug 1862 stole a gelding property of Martin NELSON; Robert DOWNING, Grand Jury foreman.
Capias: 16 May 1864; Harrison Gaw; instrument executed 17 May 1864.
Subpoena: 10 Nov 1865; Mary NELSON, Evaline MORRIS, T. W. DAVIS and Martin NELSON, for state.
Jury instructions: "That if they believe Hamson GAW sent word to Martin NILSON that he would give him $100 in Confederate money for the horse and if he would not take that then he would have the horse anyhow and that the horse was stolen shortly afterward and seen in the possession of defendant L. W. DAVIS they may find guilty.
Verdict: filed 11 Nov 1865, not gilty {sic}, Joshua HOLT, forman {sic}.

50. State of Mo. vs James WILSON, grand larceny.
Capias: 20 Sep 1865; Jasper County; James Wilson; executed 11 Nov 1865; cost for guard for two days and transfer to Lawrence Co.
Motion to quash: filed 6 Nov 1865; indictment shows same supposed offenses were committed more than 3 years before 20 May 1865 and more than 3 years before finding of bill of indictment; HENDRICK and BRAY, attorneys.

51. State of Mo. vs John G. WEIR.
Subpoena: 11 Nov 1865; George HALEY, Luna RHEA, John J. OWENS, Thomas W. KELTON, and J. S. WILLSON, for state; {sheriff return has Luny Rhea.}
Motion to quash: filed 9 May 1866; Because the oath supposed to be taken is not set forth in the indictment and indictment doesn't allege what kind of school was taught; whether a dancing school, public school, private school or any kind of school; YOUNG & PHELPS; overruled.
Motion to quash: filed 7 May 1867; same as above with addition of "singing school."
Bill of excepts: John G Weir, his signature; filed 13 May 1867.
{See also Bundle D}

52. State of Mo. vs John SWINNEY, larceny.
Capias: 2 Oct 1865; charges John Swinney stole bay pony worth $40 from John BAKER on 28 Sep 1865; signed James W. DAVIS, J.P.
Subpoena: 6 Oct 1865; Archibald LOONEY and Willis JEROME to apear {sic}9 Oct 1865 at 10:00 am, for state; served by John Baker 7 Oct 1865, "red the same in there hering."
Transcript from J. P.: filed circuit court 2 Nov 1865; on Oct 6 1865 the case was continued until 9 Oct 1865 for lack of evidence on part of the state, subpoena not served. On Oct 9 1865: the witnesses appearing and the prisoner having got away from the guard the case is acquitted. It is the opinion of the justice that the cost should be paid by the informer John Baker. Justice fees, $1.65; constable fees for serving capias and subpoena, $1.45; boarding and guarding prisoner six days, - (left blank): witness fees; A Looney, 1 day and 40 miles, $4.45; Willis Jerome, 1 day and 23 miles, $3.

53. State of Mo. vs Eli G. PARIS, forfeited recognizance.
{Includes documents from State vs John MORGAN, grand larceny.}
Indictment: charges John Morgan on 1 Sep 1862 stole one roan colored cow marked with a crop off the right ear, $10; one red yearling steer, $5; one red heifer, $5; and one black and white heifer, $5; property of John B. WOODS; signed by John B. Woods, Grand Jury foreman.
Capias: 8 Nov 1862; John Morgan; instrument executed 11 Nov 1862.
Sci Facia: Eli G Paris (Greene County) and John J. Morgan executed 13 Oct 1865, Morgan not in Greene County.
Answer to Sci Fa: Paris denies entering into recognizance with John Morgan and says Morgan was dead before first day of May term AD 1865.
Petition: for change of venue filed 15 May 1866.
{See also Bundles 47, 71, 77, 79, 80, 81, 82, 83}

54. State of Mo. vs Jason ALEXANDER, grand larceny.
Indictment: filed 8 Nov 1866; charges Alexander stole one mare of great value ($100) on 17 Mar 1865, property of Ransom PHARISS; W. W. HARGROVE, Grand Jury foreman; state witnesses, Ransom Phariss, W. D. SPARKMAN, B. CLANTON and wife, Robert PHARISS, M. WOLFE, Amy MEKER, U. MEKER.
Capias: 10 May 1866; Joseph Alexander; executed 11 May 1866 and gave bond.
Subpoena: 30 Aug 1866; William DAVIS and Constantine BERRY, for state; executed 3 Sep 1866.
Petition: for change of venue 7 Nov 1866, granted to Dade County.

55. State of Mo. vs Henry MARLOW
Capias
: 20 Mar 1866, Henry Marler for beating Nancy MARLER with a horsewhip.
Transfer of documents to circuit court: by John S. WILSON, Clerk of County Court; 4 Apr 1866: states Marlow committed to jail by Joshua HOLT, J.P. on default of his fine for breach of peace. Prisoner wishes to take benefit of the insolvent act approved 23 Nov 1855. Has not more property than allowed by law, therefore none subject to execution. I the clerk order that Marlow be discharged and exempt from further imprisonment on account of said fine.
Order of release: 4 Apr 1866.
Petition for insolvency: Was delivered to jailer 20 Mar 1866; has been custody 15 days and now offers up all property (wearing apparel for himself and his family excepted) for payment of fines and costs. Fine is $25.00. Signed, Henry Marlow (x) his mark.
Schedule of property: a homestead interest in NW qtr of SE qtr and NE qtr of SW qtr of S 33 T 27 R 25 entered 29 July 1864 under act of Congress approved 20 May 1862. Also: 1 horse, $40; 1 sow & 7 pigs, $12; 3 small beds and bedding, $15; cooking and kitchen furniture, $10; 1 plm and one set of plm gean, $5; 1 set carriage wheels, $10, 2 spinning wheels and ? pairs of cards, $5; 2 saddles, $13; 30 bushels corn, $15; 30 lbs. bacon, $6; Total $131.00.
Bill of costs: filed 6 Apr 1866; Joshua Holt, J.P., Buck Prairie Twsp., Fine, $25.00; justice costs, $2.40; constable, $2.45; for commitment, $.75; jurors $.75 each, John W. ESTES, John RICKMAN, Nelson W. RICKMAN, William M. NEECE, John NEECE and David B. UNDERWOOD; total $35.10.

56. State of Mo. vs Perry KNOWLTON, grand larceny.
Affidavit: On testimony of C. D. LANIER and Ephraim CAMPBELL to John H. MUNDAY, J.P.
Capias: Perry Knowlton, 1 Aug 1866, executed same day. Failed to give bond $1000.
Sworn testimony: 1 Aug 1866; James E. Niece, Jr. says: Knowlton was caught on the 31 Jul 1866 about ten oclock at night on a certain sorrel horse which prisoner said belonged to Ephraim Campbell. Witness further states that prisoner said William POE and himself had made an agreement to take a horse apiece and meet where prisoner was caught. {Signed by James E. NEECE.} Prisoner statement: On 31 July 1866 at night took a halter and ?bridle out into William ORN's pasture and put it on a horse he supposed to be Ephraim Campbell's and went about one half mile and there I was taken prisoner.
Commitment: A. P. GIBSON, sheriff; “I received the body of Perry Knowlton on 1 Aug 1866 and there being no jail in my county I took said Perry Knowlton to Springfield subject to orders of judge of 13th circuit district.” Sheriff Filler: 2 days, $2.50; 66 miles at 8 cents, $5.28; expenses of prisoner, $1.25; 33 miles, $2.64; subtotal, $11.67. Guard, James E. NEECE, Jr.: 2 days, $2.50; 66 miles, $5.28; subtotal, $7.78. Total, $19.45.
Certificate of commitment: 2 Aug 1866 to Greene Co.
Return of certificate of commitment: 3 Nov 1866; “I, John A. PATTERSON, sheriff of Green Co. hereby certify that on the night of 9 Sep 1866 one Perry Knowlton escaped from ... jail... with others.”
Indictment: filed 9 Nov 1866, charges Knowlton on 31 July 1866 stole 1 gelding, $100, property of Ephraim Campbell; James M. MONROE, Grand Jury foreman; state witnesses, Ephraim Campbell, C. D. Lanier and James E. Neece.

57. Found no bundle #57.

58. State of Mo. vs Elizabeth WILKS.
Affidavit: William F. MCCULLAH appears 10 Jun 1866 and says that on Friday 8 Jun 1866 his money drawer was opened and $100 was taken and said money was found in the possession of Elisabeth Wilks (colored) on 10 Jun 1866. Signed, Joshua HOLT, J.P.
Capias: 11 June 1866; Elisabeth Wilks.
Testimony: 17 Jun 1866; William F. McCullah: one, $3 union Military bond; one, $1 union Military bond; three, $5 bill National currency; fifty-eight cents postage currency. William C ELSEY: said when he returned home that Huldah ELSEY give in to my possession the same, one hundred and two dollars which she found in Elizabeth Wilk's box and with money one three-cent postage currency he knew belonged to W. F. McCullah. Huldah Elsey: said found same money above in Wilk's box. Defendant's statement: Elisabeth Wilks says she taken some money from the money drawer of W. F. McCullah and states the above mentioned money is the same.
Commitment: I, William B. WARREN, constable of Buck Prairie Township delivered the body of Elizabeth WILKS to A. P. GIBSON 12 June 1866. Constable fee, $4.85; Justice Cost, $2.20.
Transcript: Filed in circuit court 27 Aug 1866.
Indictment: filed 8 Nov 1866.
Subpoena: 9 Nov 1866; Hulda Elsey, William C Elsey and William McCullough; executed 12 Nov 1866.
Instruction to jury: undated; Defense objected to all three sections of instructions including: "Notwithstanding the money was owed by William McCullah and other persons in partnership, yet for all purposes of this case it is the property of William McCullah."
Verdict: undated; not guilty, Tho. H. HENDERSON, foreman.

59. State of Mo. vs Henry S. WORSHAM.
Sheriff report on sale of estate: James F. GIBSON, sheriff. By advertisement in the Spring River Fountain, a weekly newspaper, at least 20 days before the day of sale, giving the time, place and terms of sale and a description of the real estate to be sold. 13 May 1867 between 9 a.m. and 5 p.m. The east half of Lot. #2, N.E. fractional quarter of Section 3 in Township 29 of Range 27 to William T. WORSHAM for $53.00.
{See also Bundles A and E}

60. State of Mo. vs William MCCROKY (?MCCROSY)
Affidavit: by Andrew J. DAVIDSON; "I had out my pocketbook at Andy PHARISS' wood pile in Mt. Vernon. I dropped it there I suppose. The defendant was standing on the platform about 3-4 yards off when I took out my pocketbook. The defendant, my son and myself then went into Phariss' store." (Statement continues; the three look for the pocketbook in town and out of town. Davidson's son leaves and Capt. HARGROVE joins the search. They leave town and Hargrove asks defendant if he would mind being searched. Interesting description of search. Pocketbook and money found.)
Warrant of commitment: filed 2 Mar 1866, bail set at $1000.
Indictment: filed 9 May 1866; charges on 22 Feb 1866 stole pocketbook containing $260.00 property of Andrew J. DAVIDSON; W. W. HARGROVE, Grand Jury foreman.
Bill of costs: J. W. LEATHERS, boarded prisoner 10 days at 60 cents, $6.00; G. HALEY, boarded prisoner 2 days before examination at $1.25/day, $2.50 and 1 day after commitment at 60 cents/day, $.60.
Writ of Habeus Corpus: 8 May 1866, Newton County, for McCrosy; bill of costs for transfer of prisoner to Newton County includes payment to W. W. HARGROVE as guard.
Application for change of venue: filed 10 May 1866. To Greene County.

61. State of Mo. vs Francis MULLINS.
Capias: 3 Apr 1866; Francis Mullins and Dareus Williams.
Subpoena: 3 Apr 1866; John RIGGS, Nelson Rickman, Suzean ESTES, Thomas Burgess and Mrs. BURGESS; Holt, J.P., served by William WHANN, constable.
Recognizance: $500 by Thomas BURGESS for Francis Mullins.
Swom testimony: Mrs Susanah Estes says: Mrs Francis Mullins let the fence down and drove out cow and calf and I told her not to doo it and boath cow and calf she drove off and she drov the other cow off two. Sousanah Estes, her signature. Nelson W. RICKMAN says: Well I saw a Lady and buoy driving my cow and Mrs. Estes' cow or supposed to be Mrs. Francis Mullings. Francis Mullins: claimed the cows were hers in the first place and she had brought them to feed at Thomas Burgess' few days earlier. Last Thursday Mr. Burgess said the cattle had been sold by my son (Bryant Mullins) and I never gave my son any leafe to sell my cattle or bother them in any shape at all.
Fee Bill: by Joshua HOLT, J. P; justice costs, $2.65; constable cost, $3.25; witnesses: $1 each to John W. ESTES, Nelson W RICKEMAN and Susanah ESTES.
Indictment: (State vs Francis Mullins and Dareus WILLIAMS) not a true bill; W. W. HARGROVE, Grand Jury foreman: charges on 2 Apr 1866 stole 1 cow and 1 calf the property of John W. ESTES and 1 cow ($10) the property of Nelson RICKMAN.

62. State of Mo. vs George MESSICK, robbery and receiving stolen property.
Nolli May 1867.
Capias: 3 Apr 1866; George W Messick; gave bond 10 May 1866.
Subpoena: 24 Sep 1866; Joseph MCANDREWS, John HAGLER, George F. BOWERS, William BOWERS, George ABBOTT, James MESSICK, George MESSICK, Anderson STARRETT, and Andrew WILSON, for defense.
Subpoena: 29 Oct 1866; T L DOWNING, Alvis SHEPPARD, J. H. COLLEY, and Vincent SCOTT, for state.
Subpoena: 7 Nov 1866; Richard M LYONS, for defense.

63. State of Mo. vs Joseph HARPER.
Affidavit: 23 Aug 1865; Lucinda HENRY says Harper on 5 Oct 1863 assaulted (shot at) Bryce HENRY of Lawrence Co. with intent to kill; sworn before W. B. HAMILTON, J. P., Jasper County.
Capias: 26 Aug 1865; Joseph Harper; issued by John H. MUNDAY, J.P., Lawrence County.
Recognizance: 29 Aug 1865; Joseph Harper and Eliza Jane HARPER $500.
Transcript from Jasper County: filed 6 Nov 1865; Justice fees, $2.00; sheriff fees, $3.50.

64. State of Mo. vs Thomas GILLOCK and William GILLOCK, grand larceny.
Only document is nearly illegible. Thomas Gillock admits that he entered into recognizance with William Gillock ... (illegible) ... and the Federal soldiers notified said William Gillock that if he did not leave he would be killed. No date. {Although the outside notation on the bundle indicates both men were charged with grand larceny, the only document implies that Thomas Gillock has possibly been charged with forfeiture of recognizance after William Gillock failed to make a court appearance--being obliged to leave the county under threat.}

65. State of Mo. vs Samuel ELLIOTT.
Nolle 13 May 1866.
Indictment: filed 26 May 1865; charges on 15 May 1865, maltreatment of a child, did beat with leather straps Christopher, a child now living with him.
Capias: 16 Apr 1866; Samuel Elliott.
Recognizance: 28 Apr 1866; $200 with S. L. ELLIOTT as security.
Subpoena: James K. LESLEY and Levi LOVETT, for state; neither found in county 4 May 1866

66. State of Mo. vs Madison (or Maston) CANNON, grand larceny.
Warrant: 27 Feb 1866, to Barry County sheriff, J. P. RANEY, indicates an indictment proferred by grand jury against Madison Cannon for murder in the first degree; signed John C. PRICE, circuit judge.
Return: "1, J. P. RANEY,...cirtify .. and plasing on him a suficiant guard and it ap- pearing that the Said Matson Cannon attended to make his escape and the Said guard Jesse BESHERIS Shot and killed said Cannon while trying to make his escape this March 2nd 1866. Raney, sheriff; Amos N. KELLY, deputy.
Capias: 27 Feb 1866, to sheriff of Bary Isic) county; Maston Cannon; for grand larceny. Return: similar to above except "said guard Jessee BESHEARS shot said Cannon while he was running from said Beshears this March 2nd 1866."

67. State of Mo. vs Robert BOYD, robbery.
Nolle 15 Nov 1866.
Indictment: filed 1 Aug 1862; charges on 13 Aug 1861 with force and arms did steal property of William E BIDDLECOME towit: one pistol (Revolver), $10; and one dirk knife, $1; Nathan BRAY, Circuit Attorney Pro tem; Marquis D. L. MCCALL, Grand Jury foreman; state witnesses, R. M. LYON, Gilbert SCHOOLING, W. E. BIDDLECOME.
Capias: 10 Apr 1866; Robert Boyd; executed 10 Apr 1866.
Subpoena: 23 Apr 1866; Joseph HARPER and Lucinda HENRY, for state; no return recorded.
Subpoena: 29 Oct 1866; Joseph Harper and Lucinda Henry, for state, Joseph Harper not in county this 1 Nov 1866.

68. State of Mo. vs Joseph ALEXANDER and Ephraim DAVIS; grand larceny.
Affidavit: 6 Apr 1865; Alexander and Davis stole a mare worth {seventy five dollars, amount crossed out} two hundred dollars, signed by Ransom Phariss.
Capias: 20 Sep 1865; Joseph Alexander and Ephraim Davis.
Transcript: from Justice Davis; Alexander and E. Davis gave bond of $500.00 with George DAVIS as security.
Bill of costs: justice fees; affidavit $.50, writ $.75, taking bond $.15, and transcript $.25; sheriff’s fee $3.00.
Indictment: charges Joseph Alexander and Ephraim Davis on 17 Mar 1865 stole mare, the property of Ransom PHARISS; B. W. W. RICHARDSON, Grand Jury foreman.
Subpoena: 6 Nov 1865; John WILLIAMS; arrived to late too {sic} serve, signed John CALDWELL, Sheriff Polk County. Fee, postage 3 cents.
Subpoena: 10 Nov 1865; Martha STOKES and Jane SULLIVAN, for state
Subpoena: 13 Nov 1865; William H. WOLF, for state; William ANDERSON, deputy sheriff‘s fee $.75.
Subpoena: 13 Nov 1865; Robert PHARISS, William WOLF, Sally Ann WILKS, John WILKS, Henry WILKS, and Thomas MORRISON; Ransom PHARISS’ fee $4.50.
Subpoena: 15 Nov 1865; Henry Wilks, Benjamin BERRY and C. S. BERRY, for defense.
Subpoena: 15 Nov 1865; John Williams (in Polk County); not marked as executed.
Subpoena: 15 Nov 1865; James MANNING, for state; sheriff’s fee $.75.
Subpoena: 20 Nov 1865; W. D. SPARKMAN, for state.
Petition for Continuance: Nov term 1865, defense witness has moved from the county.
Subpoena: 28 Mar 1866; Martha Jane LACY, for state; to appear 6th Mon after 4th Mon in Mar 1866, sheriff’s fee $.75.
Subpoena: 7 May 1866; George BROWNING, for defense.
Subpoena: 8 May 1866; Jane SULLIVAN, for state; J. D JAMES, deputy sheriff, fee $.75.
Subpoena: 8 May 1866; Constine BERRY, John Wilks, Henry Wilks, James Manning, and Robert Phariss, for state; C. Berry not in county, fee $3.35.
Subpoena: __ May 1866; Simon JONES, for defense; executed 10 May 1866.
Subpoena: 9 May 1866; Ephraim Davis, for defense; sheriff’s fee $.75.
Subpoena: 10 May 1866; James M. MOON and Jobar(?) ROGERS, for defense; sheriff’s fee $1.50.
Subpoena: John Williams; "the within subpoena came to hand too {sic} late to serve," signed by John CALDWELL, Polk County sheriff. {2/3 of page is missing.}
Instructions to jury: 10 May 1866; "unless they believe the mare was worth more than $10 they must find not guilty." {1/3 of page is missing.}
Verdict: Guilty of charge, signed John C. SPILMAN, foreman, 10 May 1866.
Motion for a new trial: filed 10 May 1866 by H. C. YOUNG, attorney.

69. State of Mo. vs Thos ALLEN, Jr., grand larceny.
Indictment: filed 25 May 1865; charges 15 May 1864 Allen stole three sheep property of Thomas J. HEWLETT and altered the marks of those sheep; filed 25 May 1865, B. W. W. RICHARDSON, Grand Jury foreman; state witnesses, Thomas J. Hewlett and James CONNOOLE.
Capias: 26 May 1865, Thomas Allen; executed 29 May 1865 by J. F. HENSLEY, deputy.
Subpoena: 23 Apr 1866; Thomas J. Hewlett and James CANNOOTE, for state; executed 26 Apr 1866.
Application for continuance: 10 May 1866, defense witness, Anthony MIZERS? not in county. {Document is very hard to read.} Thos Allen, his mark.
Application for change of venue: filed 8 Nov 1866. {Nearly illegible.}
{See Greene County records 1867-1868}
{See Also Bundle 111}

70. State of Mo. vs Thomas Allen, grand larceny.
Nolle {illegible} May 9th {1866}
Indictment: filed 25 May 1865; charges on 15 Nov 1864 Allen stole four sheep property of Seth WHALEY; state witnesses, Seth Whaley and T. K. WHALEY.
Capias: 26 May 1865; Thomas Allen; gave bond 30 May 1865.
Subpoena: 17 Apr 1866; Joseph MCCORMICK, Aaron BAXTER, James MEEK, Delaney DAVIS, and Thomas M. ALLEN, for defense; executed 25 Apr 1866.
Subpoena: 23 Apr 1866; Seth Whaley and T. K. Whaley, for state; executed 29 Apr 1866.

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