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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 71-138


71. State of Mo. vs Eli G. PARIS, forfeited recognizance.
Indictment: (State vs John MORGAN, larceny), filed 8 Nov 1862, for stealing 2 roan steers property of Henry GEORGE; state witnesses; Henry George, P. L. KIRBY, ?. S. HAMMER, and __ HAMMER; John B. WOODS, Grand Jury foreman.
Petition for change of venue: Signed E. G. Paris, 18 May 1866; filed 15 May 1866.
{See also Bundles 47, 53, 77, 79, 80, 81, 82, 83}

72. State of Mo. vs George W WOOTEN, disturbing the peace of a family.
Affidavit: filed 9 Mar 1865; S. W. ELLIOTT charges George W. Wooten on 7 Mar 1865, and divers times before that, threatened to kill him and destroy his property and burn the house he now lives in.
Warrant: 9 Mar 1865; George Wooten; executed 10 Mar 1865.
Recognizance: 10 Mar 1865; Wooten gave bond $200 with David SHIPMAN and George W. STOTTS as securities.
Indictment: filed _____1865; Wooten on 10 Mar 1865 “disturbed the peace of the family of one Samuel ELLIOTT by loud and unusual noise; loud and offensive and indecent conversation, by threatening, quarreling, challenging...”
Capias: George W Wooten, executed 22 May 1865, gave bond with Phillip J. HILL as security.
Subpoena: 7 Nov 1865; Robert HALLEL, Joseph SPARKS and Levi LOVETT; Robert Hallel not in county.
Subpoena: 12 Nov 1865; Samuel Elliott and his wife, for state; Samuel Elliott not in county and Mrs. Elliott says she is not well and cannot appear at the present 13 Nov 1865.
Subpoena: 23 Apr 1866; Samuel Elliott and his wife, for state; executed 27 Apr 1866.
Subpoena: 7 May 1867; Joseph HOBBS and Robert HOTTLE, for defense; execution not legible.
Subpoena: 7 May 1867; Mrs. Samuel W. ELLIOTT, for state; executed 9 May 1867.
Subpoena: 7 May 1867; {badly torn} Samuel Elliott; to testify for state and answer for a contempt of said court in disobeying a subpoena; executed __ May 1867.
Subpoena: 9 May 1867; Samuel W Elliott, for state; execution not legible.

73. State of Mo. vs Bernard NORTON, grand larceny.
Information: John W. PRICE before James W DAVIS, J.P. and swears he believes that about the __ day of Sept AD 1866 {should be 1861} one Norton stole a bay horse, $100, a saddle, $5, and a bridle, $1.
Subpoena: 8 Oct 1865; George ORR and Dr. N. B. HOCKER; to appear before James W. DAVIS, one of the justices of the peace within and for Mt. Vernon Township in the county of Lawrence on Monday the 9th day of October, 1865, at the hour of ten of the clock in the forenoon of that day at my office in behalf of the defendant.
Subpoena: 8 Oct 1865; E. D. BURTON, Mary MAHONEY, John C. PRICE, Elmina PRICE, John W. Price and John L. HOLT; for state.
Warrant: 8 Oct 1865; Norton; issued by Jas. W. Davis, J.P. {lists John W. Price as informant, then a C is written over the W.)
Examination: 9 Oct 1865. An examination of witnesses taken before James W. DAVIS a justice of the Peace in the matter of the State of Missouri vs Bernard Norton said Norton being under arrest and on trial before said James W. Davis on charge of stealing taking and carrying away unlawfully and feloniously one horse of the value of one hundred dollars said horse being the property of one John C. Price ... {Punctuation added to testimonies below; they were recorded with no punctuation.}
John C. Price, a witness on part of the state, makes oath and says: Some time in the fall I think in the month of Sept 1861 I had been off some {four marked out} eight miles from Mt. Vernon lying out from the Rebels. I came home in the first part of Sept 1861. On Monday night after I came home there was some hundred or more men came to my house in the town of Mt. Vernon, Lawrence County, Missouri; and surrounded my house and took me prisoner forcibly. They took me over into town. As we were coming up by Mr. DURNILL's I saw a man cut a rope that had been hanging out for a clothe{s} line. Before they cut the line they passed John L. Holt's house and demanded him to get up and go with them. They took him prisoner. They then took us up to STONE's Store and put a guard around us with guns with Bayonetts {sic}on them. And threatened us occasionally if we did not walk faster they would run the Bayonetts {sic} through us. They there kept us till about 12 oclock at night. Shortly after we stopt {sic}at Stone's Store there was a man came to me and asked me my name. I told him my name was Price. He asked me if I was the man that lived over on the hill. I told him I was. He then said he wanted to see the man that wore a white coat and went off. They kept us there till about 12 oclock and then took us up to old man ORR's about a fourth of mile from town. Shortly after that there was a man walked round with a rope in his hand and shook it and said that that big Bay Horse would not bear any more dispatches to Kansas. It was spoken of by some member of the crowd, that fine gold watch would keep fine time. We were detained there till after daylight. About daylight or a little after, I saw a man riding my Bay horse with my saddle and bridle through Mr. Orr's orchard and I think he was the same man that said in the night that that Bay horse would never bear any more dispatches to Kansas. An hour or two by sun they started with John L. Holt, John MORGAN and myself as prisoners to the head of Spring River and took us to near James M. White's where there was near one thousand Rebel Soldiers, where I was turned over to a man they called Col. EMBRY. After remaining there on the bank of Spring River two or three hours, I saw my horse go down (ridden by a man) on the opposite side of the creek from me. I spoke to a Lieutenant by the name of EDWARDS and told him that was my horse. He, the Lieut., then proposed to go down the creek and look for my horse and we went and found him some 50 or 80 yds down the creek tied in brush by the neck but the saddle and bridle was not there. The Lieut. walked some forty yards where there was soldiers (illegible) ... and told them who ever came after the horse to arrest him and bring him to head {quarters}, that the horse was a stolen horse. In a short time afterwards there was some men brought up a young man and said he had come and claimed the horse. The Col. came in a short time and asked the young man where he got that horse. He said he had got him from a soldier, an Irishman belonging to a Louisiana regiment that day. The Col. then told him he had told him not {to} swap horses with straingers {sic} and he would make him walk the ballance {sic} of his time to punish him for disobedience of orders. The soldier said he had only exchanged horses with the Irishman to let him ride up the river. He then ordered him immediately to bring up the horse and saddle and bridle and sent him off under guard for that purpose. In some five or ten minutes they brought up the Horse, Saddle and Bridle and the Col. delivered the said property over to me. He told me to go and feed the horse. There was plenty of corn. He told me when I fed my horse I was then at liberty to go home. As soon as my horse was fed I started with an adjutant to pass the guards to go home. When I got near to James M. WHITE's house about a fourth of a mile from camp, I stopped to talk with James M. White and John HANSERD. Two men came walking up too {sic} us and one of them remarked what are you doing with this horse? I told him I was holding him by the check of the bridel {sic}. Says he, you are not going to ride that horse to Mt. Vernon. I told him I was. He said I could not. I told him we would {leave} that to Col. Embry. He said he had rode that horse there and he intended to ride him back. I told him {illegible} he would not quite do it, that Col. Embry had give me up my horse. He laid his hand on his pistol and said if I attempted to ride that horse I would not pass that brush. I then appealed to the adjutant to know if he would permit me to be treated that way and he said he did not see anything improper. I then told him we would go back and {leave} it to Col. Embry and he refused to go. I then told him I would go back and report the facts to Col. Embry. I went back immediately to Col. Embry's tent. I saw the adjutant, or the man they called the adjutant, and the man that demanded my horse some twenty steps behind me coming down also. I crossed the creek to the Col. headquarters and reported the above facts to him. When I got through he asked me where the man was. I pointed him to the man crossing the creek some 20 or 30 steps below us. The Col. called him too {sic} him and he came up. And said when I make an order by what authority or why do you violate that order. Says he, I rode that horse here and I am going to ride him back. The Col. told him he would not, and the man said he would. After some sharp talk between them, the Col. told him you came in to my camps yesterday with a citizen from Mt. Vernon and reported to me that certain men were bad men all of which has turned out to be false. The man then said every thing I reported to you was true. The Col. then cursed him and told him that there was a soldier belonging to his own regiment (the man's Louisiana regiment) and told him that all he had reported was false. In the course of the conversation the Col. asked him how he got that horse. He said he had been ordered to take him to bear a dispatch to headquarters. The Col. then asked him who gave him the order and he gave the name of some officer and the Col. told him there was no such officer here and if there was he had no such authority. He then gave the name of some other officer and the Col. asked him why he did not give that name at first. It was evidence he was telling him lies. The Col. then said, you stole that horse in the most dishonorable way; by going to Mrs. Price and telling her that Col. Price had sent for the horse. He still said something about riding the horse and the Col. told him if he said anymore he would put him under guard and take him to Camp Walker; that Genl. MCCULLOCK had told him that if any of his men stole anything to put them under guard and send them to Camp Walker and he would punish them according to the strictest rules of military law. I think this, the Prisoner here, is the same man that halted me at White's and that Col. Embry had the talk with. I then started home and when I got two or three hundred yards from James M. White's house I was halted by a man who I thought was the same man that came up with the man that demanded my horse while I was talking to White and Hanserd. I stoped {sic} about half a minit {sic}. When he told me to go on, as I started he fired off his gun over me as I thought. On Saturday last, the 7th day of Oct 1865, I was introduced to the Prisoner here by Dr. Hocker as Mr. Norton. I commenced talking to him and asked him if he had just come to the country. He said he had been here a few days or a short time, I don't remember exactly. But says he, I have been here before. Say he, I have seen you under different circumstances. I told him I could not remember. He said he could name circumstances that would enable me to remember. He then proposed to walk out with me and we walked some 5 to 15 steps from the crowd. He then said don't you remember at the beginning of the war you was taken prisoner. I told him I did. He then said I am one of the men that had you or one of the men that helped take you prisoner, one or the other. He said he was a federal spy and had to treat Union men very roughly to get along with the other side. I asked him then if he was in the court house when the gun was fired off there and Mr. KELLOG's watch was taken. He said he was not. I asked him if he knew who took Kellog's watch. He said he did not and asked if I did know the man that took it. I told him I did not. I asked him if he was present when the rope was shook over us and they threatened to hang Mr. Holt, myself and others. He said he was not. In speaking of Kellog's watch I told him I did not know that the watch was stolen untill {sic} next morning and I did not certainly know till next morning that my horse was stolen. Says he, I rode that horse up to the head of Spring River myself. I asked him if he heard the talk that that Big Bay horse would never carry any more dispatches to Kansas. He said he did not. Says I, you ain't the man that met me at James White's after I was discharged and put your hand on your pistol and said I should not ride my horse home. He said no he was not. I traded the horse off as soon as I got to camp to one of CALDWELL's men. That day that you was there I went out after mellons {sic}. Don't you recollect of seeing a load of mellons there? I told him I did see a load of mellons come in. In our conversation he told me he had been a Federal spy and dispatch bearer and had carried bothe {sic} the Rebel and Federal mails. He said he was acquainted with the Federal generals or had authority from them and it was all understood between him and them. When he told me he had traded off my horse, I told him it was an Irishman had took my horse. He said he was an Irishman. Sworn and subscribed, John C. Price, his signature.
John L Holt, a witness on the part of the state, makes oath and says: Some time in September 1861 or about that time that I seen said prisoner who was called Norton, I heard no other name for him at that time, a riding one bay horse belonging to John C. Price not more than half mile from Mt. Vernon. I was a prisoner at that time in the hands of Rebels. Said prisoner made remarks how he managed to get said horse in my hearing as follows: that he had went to Mrs. Price and told her that the prisoners would have to go to headquarters and there was but one way for the old man to get loose and that was by sending him his big horse, big coat, and saddle. There was considerable laughing at that time and the next idea I caught was that he would see whether the horse would be used in carrying dispatches to Kansas or words to that effect. I also saw said prisoner on said horse the next day twelve miles from there in the confederate camp. Sworn and subscribed, J. L. Holt, his signature.
E. D. Burton, a witness on the part of the State, makes oath and says: Does not know any thing about the case.
John W. PRICE, a witness on the part of the State, makes oath and says: Some time in the fall of 1861 that said prisoner who was called Norton, I seen him riding a certain bay horse that belonged to John C. Price about one mile from Mt. Vernon. I was a prisoner at that time. He said he taken the horse from a black Republican and Wife in my presence. He, the said prisoner, also drawn the back of a knife across my throat and further sayeth not. Subscribed and sworn, John W Price, his signature.
Mary Mahoney, a witness on the part of the State, makes oath and says: Some time in the fall of 1861, after the wilson creek fight that some confederate soldiers as they called themselves had John C. Price, Mr. Holt, {J. William is marked out} John W. Price and others as prisoners. Witness further states that Mr. Norton, said prisoner, was in the company with the Confederates and further sayeth not. Mary F Mahoney, her signature.
Elmina PRICE, a witness on the part of the State, makes oath and says: Sometime in September 1861 a man who said his name was Norton came to my house and told me that my husband sent him to get his riding horse and I asked him where Mr. Price was. Says he, he is over here, they are about starting to Camp Walker. I then said did Mr. Price send you for his horse. He said he did. I then said if he sent for him certainly you shall have him and said to him also, get down and I will show you where he is. He then got down and came in the yard and says where is the saddle and bridle. I told him there they were at his feet. He then turned round to the black girl who was standing by my side and ordered her to pick up the saddle and follow him to saddle the horse for, said he, I have a sore arm and can't well handle it. The girl took up the saddle and we all started to the lot to catch the horse. On the way I remarked to him that it was hard that I had to endure so much, for I had been very kind to the sick and wounded and could prove it by the men at the hospital. He then said that my husband and son were considered dangerous men and my boy had carried weapons and was dangerous but my daughter and myself were represented at camps as ladies. We then proceeded to get the horse. He got in the lot and I pointed out the horse and he and the black girl saddled it. He then rode around to the front door and I ordered the black girl to turn the other two horses out for fear he would come back and steal them. I then went to the house and asked him his name. He said his name was Norton. I asked him if he would take some notes to Camp Walker for me to Capt. CUMBY and Lieut. DAVIS and Capt. GOOD. He said he would and waited for them with some impatience. I then asked him if he would take Mr. Price's coat to him. He said he would and took it, but never delivered it but left it in Mr. Orr's pasture. The black man brought it home from there. The next morning he hitched the same horse at the hospital. It got loose and came home and when I saw it I ran out and saw him and another man after it trying to catch it. I ordered them to put it in the yard and said it was my horse, and one of them hallooed out it is mine now. So I came back in the house and told some of the confederate soldiers what I did and could not obtain the horse and they told me to go back and seize the bridle and take it by force. I then went again but they had gone with the horse and further sayeth not. Elmina Price, her signature.
Nicholas B. Hocker, witness on part of state, being sworn says: The first time I recollect of seeing the prisoner Norton, was in the spring or latter part of the winter of 1865. I saw him on the Arkansas River in the State of Arkansas. I seen him again in Clarksville, Arkansas, in August 1865. Cross examined by prisoner: I understood from the prisoner Norton and from Mr. CRAMPTON that he was actin in the capacity of a Scout for the Federals. and further sayeth not. N. B. Hocker, his signature.
Witness recognizance: John C. Price, William (sic) W. Price, Elmina Price, John L. Holt, and N. B. Hocker give bond of $50 each; Recognizance signed by N. B. Hocker, J. L. Holt, John W. Price and Elmina Price. Not signed by John C. Price or Mary Mahoney; no seal or certification.
Transcript: Lists John W. Price as informant, and states the charge "as stealing one bay gelding horse of the value of one hundred dollars and one saddle of the value of five dollars the personal property of said Price." Warrant issued and returned 8 October 1865. Subpoenas for John C. Price, Elmina Price, John W. Price, John B. Holt, E. D. Burton and Mary Mahoney for the state and George Orr and Dr. N. B. Hocker for the defendant. Monday the 9th the defendant pronounced himself ready for trial and the witnesses being present the justice proceeded to examine the witnesses on the part of the state. When through with the testimony on the part of the state the defendant asked for time to procure counsel which was granted until the 13th day of October 1865. On October 12th 1865 the defendant came forward and gave recognizance with William A. MCCANSE and William W. CALDWELL as securities for his appearance at the next circuit court on the first day thereof to be holden in Lawrence County Mo. the above bond was for Four hundred dollars. James W. Davis, J.P. Costs: Justice fees, $6.75; Sheriff fees, $7.50; Witness fees, $1 each for J. C. Price, J. L. Holt, J. W. Price, Mary Mahoney, E. D. Burton, Elmina Price, George ORR, and N. B. Hocker {$8}.
Recognizance: 12 Oct 1865 with William A. MCCANSE and William W. CALDWELL as securities; Four hundred dollars Bernard Norton and two hundred each McCanse and Caldwell. States charge is grand larceny. To appear circuit court in Lawrence on 6 Nov next to answer to an Indictment to be prefered {sic} to the grand jury.
Indictment: filed 11 Nov 1865; charges Bernard Norton on _ day of ___ AD 18__ stole a gelding property of John C. PRICE valued at $50; James ROBERTS, Grand Jury foreman.
Capias: 11 Nov 1865; Bernard Norton; executed 13 Nov 1865 and brought before Circuit judge John C. Price.
Subpoena: 11 Nov 1865; N. B. Hocker, John L. Holt, John W. Price, Elmina Price, John C. Price, James M. White and John Hansford, for state.
Bill of costs: undated; signed by J. C. Price and Joseph Estes, Circuit Attorney; $76.20 total includes $20.25 to A. J. DURNIL for boarding prisoner and 2 guards for 9 days {split 4 and 5.} "We the undersigned Circuit Atty & Judge of the Circuit Court for the 13 Judicial Circuit in the state of Missouri certify that we have strickly {sic}examined the foregoing bill of costs during the setting of the circuit Court for Lawrence County Missouri; that the defendant broke custody; that the offense charged is punishable solely by imprisonment in the penitentiary; that services were rendered for which charges are made, and that compensation is given by law for the services for which charges are made, that the state of Missouri is liable for the same; and we allow said bill of cost amounting to $76.20.

74. State of Mo. vs Jasper CHARLES, larceny.
Capias: 27 Sep 1865; Jasper Charles; executed 30 Oct 1865.
Recognizance: 30 Oct 1865; $1000 with Benjamin IRWIN, his mark, and Joseph MCANDREWS, his signature, as securities; approved Thomas COLLEY, J.P.
Subpoena: 8 Nov 1865; Thos. BOYD, Jas. MESSICK, R. M. LYON, Joseph MCANDREW, G. W. WOOTEN, John LOWBEN, for defense; executed by reading to George W. Wooten and John LOBAR, 15 Nov 1865.
Subpoena: 10 Nov 1865; D M DOWNING, for state.
Application for change of venue: filed 11 Nov 1865, requests change of venue... charged under the name Jasper Charles when his true name is Hiram J. CHARLES by MCAFEE and PHELPS, attorneys.
Application for change of venue: filed 14 Nov 1865.

75. State of Mo. vs Alexander SMITH, grand larceny.
Indictment: charges on 1 Oct 1864 Alexander Smith failed to comply with the law regulating strays; witnesses, John H. CHERRY, John BOSWELL, G. W. CHEWING.
Capias: 15 May 1865; Alexander Smith; executed 19 May, 1865.
Subpoena: 16 May 1865; John Boswell and G. W. CHEWNING, for state; executed 17 May 1865
Subpoena: 16 May 1865; Sarah M Smith, Josiah SMITH and Albert WHITE, for defense; executed 17 May 1865.
Subpoena: 16 May 1865; John H. CHERRY, for state; executed same day.
Subpoena: 6 Nov 1865; Albert White, William WHITE, and Sarah Margaret SMITH, for defense; witnesses gave bond 7 Nov 1865, approved by R. H. LANDREM, J.P.
Subpoena: 21 Nov 1865; D. C. BOSWELL, for state.
Motion to quash: indictment does not charge any offense against state or state what kind of stray was taken in, circuit attorney, George RANDOLPH.

76. State of Mo. vs George HALEY, grand larceny.
Indictment: filed 11 May 1865; charges on 15 Nov 1864 stole six head of hogs towit one sow and five pigs property of James H. MARTIN.
Subpoena: 11 Nov 1865; James H. WILLIAMS, William H. WOLFE, William J. THOMAS, George W. MANNING and Absalom WILLIAMS, for state; executed 13 Nov 1865; William J Thomas and James H Martin noest {not found in county}.
Subpoena: 8 Nov 1866; William GARRINGER, Jesse WILLIAMS and George MANNING; for defense; 8 Nov 1866, George Manning not found in county, 8 Nov 1866.
Application for change of venue: filed 10 Nov 1866; because of prejudice of judge, 9 Nov 1866, SHERWOOD and YOUNG, attorneys.

77. State of Mo. vs Eli G PARIS, forfeiture of bond.
Indictment: (Mo. vs John J. MORGAN.) On 1 Sep 1862 Morgan stole 2 steers ($50) one white and speckled color and one red with spots, property of ?LAMAR; filed 8 Nov 1862.
Capias: John Morgan, 8 Nov 1862; Executed Nov 1862 by Samuel E. ROBERTS, sheriff, William ANDERSON, deputy.
Capias: John J. Morgan and Eli G. Paris 5 Oct 1865; executed in Greene County by reading to Paris with J. M. KELLY and N. C. HIGHS witnessing; John J. Morgan not found in county 13 Oct 1865.
Answ to Sci Fa: Paris denies charges, denies recognizance for $1000 with John Morgan and says Morgan dead before the first day of the May term A.D. 1865 when appearance was requested.
Petition for change of venue: filed 15 May 1866.
{See also Bundles 47, 53, 71, 79, 80, 81, 82, 83}

78. State of Mo. vs C. C. EDMONDS, robbery.
Subpoena: 15 May 1864; Andrew BAIN, for state; executed 21 May 1864.
Capias: 17 May 1864; Edmonds, for robbery; executed 17 May 1864.
Capias: Edmonds, (duplicate).
Subpoena: 18 May 1864; James M. MCCLINTOCK, for state; executed 21 May 1864.
Subpoena: 18 May 1864; Sarah Ann LITTLE, William BERRY, Frank BERRY, Jeptha WHITE, West PARKER, James PARKER, Joshua HOLT, J. L. GRAMMAR, Eli MCGUIRE, Ruthy Ann LITTLE and Mary KNOX for defense; note penciled at bottom reads: Sarah Ann Little lives on the Harrison Mill place--other witnesses are in same neighborhood. The sheriff's return states: read 21 May 1864 to Sarah Ann Little, William Berry, Frank Berry, Jeptha White, Eli McGuire, Ruthy Ann Little and Mary Knox; read 20 May 1864 to Joshua Holt, J. L. Grammar, W. T. PARKER and James KELLY.
Subpoena: 20 May 1864; James A. GIBSON, John RODGERS and Gerry BROCK; executed 20 May.
Subpoena: 23 May 1864; George W. RINKER, Elijah BROWNING and James M. KELLOGG, for state; sheriff's return does not include execution to Elijah Browning.
Subpoena: 24 May 1864; BROWN and WILLIAMS for state; executed 24 May.
Instructions to jury: Filed 23 May 1864; includes "...by putting James McClintock in fear of immediate injury to take ... $25 ... they will find guilty. If guilty, an imprisonment of not less than 10 years in the penitentiary.

79. State of Mo. vs Eli PARIS, forfeiture of bond.
{See indictment in bundle #77}
Documents in this bundle are identical to those in #77 except: capias and indictment for John MORGAN indicate theft of heifer valued at $3 property of Robert WATERS on 8 Nov 1862. Jurors listed as: MITRUBS?, MOODS, WATERS, BURRIS, KIRBY and HAMMER.
Sci Fa is #3.
{See also Bundles 47, 53, 71, 77, 80, 81, 82, 83}

80. State of Mo. vs Eli PARIS, forfeiture of bond.
{See indictment in bundle #77} Documents in this bundle are identical to those in #77 except: capias for John MORGAN indicates theft two steers valued at $30 from Henry GEORGE on 11 Nov 1862.
Sci Fa is #4.
{See also Bundles 47, 53, 71, 77, 79, 81, 82, 83}

81. State of Mo. vs Eli PARIS, forfeiture of bond.
{See indictment in bundle #77} Documents in this bundle are identical to those in #77 except: capias for John MORGAN indicates theft of property belonging to Thomas W. KELTON on 11 Nov 1862.
Sci Fa is #5.
{See also Bundles 47, 53, 71, 77, 79, 80, 82, 83}

82. State of Mo. vs Eli PARIS, forfeiture of bond.
{See indictment in bundle #77} Documents in this bundle are identical to those in #77 except: indictment indicates John MORGAN stole cow valued at $10, property of James ROLES on 1 Sep 1862.
Sci Fa is #6.
{See also Bundles 47, 53, 71, 77, 79, 80, 81, 83}

83. State of Mo. vs Eli PARIS, forfeiture of bond.
{See indictment in bundle #77}
Documents in this bundle are identical to those in #77 except: indictment indicates John MORGAN stole cow valued at $10 property of M. S. GREEN.
Sci Fa is #7.
{See also Bundles 47, 53, 71, 77, 79, 80, 81, 82}
{Greene County Circuit Court Record Book H, pg 97, shows eight depositions opened and filed January term 1867 in State vs Eli G. Parris {sic}. Pages 116 and 117 of same book show all were dismissed in favor of defendant at cost to plaintiff.}

84. State of Mo. vs George MESSICK and Jasper CHARLES, robbery.
Petition for change of venue: George W MESSICK, 14 May 1865.
Capias: 25 Sep 1865; Geor. Messick; note on back says transcript made and forwarded 30 Nov 1865.
Recognizance: 31 Oct 1865; George Messick with William C. LANGSTON, Anderson STARRETT, his mark, and Andrew WILSON as securities, bond $2000.
Subpoena: 10 Nov 1865; Jacob MYERS, Theophilus DOWNING, Alvis SHEPHERD, Vincent SCOTT, C? PRICE, J. H. COLLEY, J. S. NIVENS, Joseph HENDERSON and David STEPHENS, for state; Return says left cy with wife of Vinson SCOTT--read to Alvis Shepherd and Theophilus Downing.
Subpoena: 13 Nov 1865; Joseph DEGRAFFENREID, Gilbert SCHOOLING, William BIDDLECOMB, Vincent SCOOT, Frank CLARK and Richard LYON, for state; no return.
Subpoena: 13 Nov 1865; Richard LYONS and Robert DOWNING; read to Robert Downing by T. L. DOWNING, 14 Nov 1865.
Grand Jury Subpoena: 14 Nov 1865; George T. PRICE, for state; cannot be found in county.
Outside of bundle has note: To Christian County 1865 fall term.

85. State of Mo. vs Henry MARLER and Nancy MARLER.
Information: 7 Oct 1865 by John RIGGS. Offense occurred 4 Oct 1865. Filed circuit court 30 Oct 1865.
Capias: 7 Oct 1865; Henry Marler and Nancy Marler; executed by bringing to Joshua HOLT, J.P., for tryal {sic} on 9 Oct 1865, William B. WHAM, constable.
Recognizance: 9 Oct 1865; J. C. MCNATT came before Joshua Holt and L. B. MCNATT, justices of the peace, to give bond $500 for Marler.
Witness bond: 9 Oct 1865, John Riggs, John J. ROGERS, their signatures, Roday E. RIGGS, and Elizabeth ROGERS, their marks, gave bond $25 each.
Examination: John J Rogers: .... came up close to the house and I saw Marler standing beturxt Rigs and the door with a pistol cocked in this hand. Mrs. Marler was going in at the doore with a bed in her arms. Cross examination: is not certain whether Marler was on the wagon or not. I was standing some 10 or 15 steps from the door. Mrs. Riggs was standing out in the yard with hir husband.
Elizabeth Rogers: Saw Marler drive into the yard in front of the door. Toled his wife to brake open the door and take in the thing. Mrs. Marler broke open the door and carried in a bed. Marler had a cocked pistol in his hand as he drove in at the (illegible). Cross examination: Did you here marler say what he was going to do with the pistol? Don't remember that he said that he was going to do iney thing with it. Riggs told Marler that his wife had fastened the door. I was standing some 10 steps to the door.
Roday E. Riggs: Marler drove up to the fence and commenced to lay down the fence with a cocked pistol in his hand. Mrs Riggs toled him not to com in if he did is wold be at his own risk. Marler drove his wagon close to the door. The door was fastened. Mrs. Marler then opened the door by his orders. Cross examination: Did Marler or his wife to your knowledge lay the fence down? I don't know which.
Henry Marler: ... told my wife to lay it down. She layed it down and I drove into the yard I asked Riggs if the doore was fastened he said he didn't know. Then I toled my wife to push the door open and she did so and carried in a bed. I then began to ungear my teame. I had a pistol in my Bosum. Rigs toled me it mite shoot some children. I then tuck it out and laid it in the feed trougt in my wagon. It was a emty pistol and had been cocked for several days and wold not revolve from (illegible) of rust. I did not entend to frighten aney person. I declare the above to be truth and further he saithe not.
Nancy Marler: I opened the door and carried a bed in to the house of my own accord. I did it thinking it was my rite to do so and did not intend to frighten any person. The doore was easly shoved open and further she sayeth not.
John Riggs: Mr. Marler drove his wagon up to the house in front of the crib (illegible) steihl? and Ms Marter comenced to lay down the fence. I forbid his from doing it. Then Marler rose up with a cocked pistol in his hand and turned fusing to me with his pistol not pointing toward me nor in a hanging down posision. He then turned towards the wimen who was in a fight to his right hand holding his pistol in a direction of them. He then drove up to the dore of the house and rose up in the wagon with the pistol in his hand and ordered his wife to open the dore. I objected to it and told him that he had fire arms and the advantage of me in that. Mrs Marler then forced open the dore and carried in a fether bed. Cross examination: What did Marler say when you told him that he had a pistol in his hand and had the advantage of you? Answer, that he did not have it to hirt me with if I wold mind my own business and not bother him.
Costs: Justices, $3.05; Constable, $2.90; Guard for prisoners, 2 days and 1 night, $6.00; court fee, $1.50, Witnesses at $1.00 per witness per diem, $4.00; total costs, $15.95.

86. State of Mo. vs John J. ROGERS, felonious assault.
Capias: 11 Nov 1865; John J Rogers; capias executed 17 Nov 1865 and Rogers gave bond.
Subpoena: 11 Nov 1865; Henry MARLER, Nancy MARLER and John RIGGS, for state; executed 15 Nov 1865.
Subpoena: 13 Nov 1865; Jesse L. GRAMMER, Abram W. GRAMMER, John BROWN, for defense; executed 15 Nov 1865.
Subpoena: 14 Nov 1865; Harrison HOOTEN, William HOLT, T. J. FULBRIGHT, for defense.
Subpoena: 15 Nov 1865; Dr. SEAMON, for state; executed same day.
Subpoena: 15 Nov 1865; Anderson STARRETT, for defense; executed same day.
Capias: 18 Nov 1865; Anderson Starrett, to testify for state and answer contempt charge for disobeying subpoena.
Subpoena: 8 Nov 1866; Jesse GRAMMAR, A. W. GRAMMAR, John Brown, Thomas FULBRIGHT, Joseph HAYS and Anderson Starrett, for defense; served by A. W. GRAMMAR, sheriff (deputy).
Petition for change of venue: 9 Nov 1866.
Capias: 9 Nov 1866; John J Rogers; executed 10 Nov 1866.
Subpoena: 9 Nov 1866; Lewis ARTHUR, for defense; not in county 10 Nov 1866.
Indictment: filed 10 Nov 1866; charges on 4 Oct 1865 Rogers beat Henry Marler with intent to kill with a stick of wood of a length of four feet and diameter of two inches.
{Note on back of this document: Change of venue to Greene Co. 10 Nov 1866.}
Jury instructions: not dated, "if beat Henry Marler with a stick with intent to kill him, find guilty. If guilty, a punishment of 2 to 10 years in penitentiary."
{Note: Greene County Circuit Court Record Book H, January term 1867, pg 74, in regard to State vs John J. Rogers reads: “...suggests a diminution of the record.....ordered by the Court that rule issue to the Clerk of Lawrence County requiring him to perfect the transcript in this cause and that attachments issue to Lawrence County for John Riggs and Mrs. C. R. GILBERT for Dr. EASMON, John Riggs and Mrs. C. R. Gilbert and the Sheriff of Stone County for Nancy MARTIN returnable to the July term of this Court.}

87. State of Mo. vs Parnock JOHNSON, assault and battery.
Information: 30 May 1865; "on 28 May 1865 Johnson did assault and beat him." Leonidas ALLEN, his mark. Note on back of document; not a true bill, James ROBERTS, Grand Jury foreman.
Writ: 30 May 1865; "on oath of Leonidas Allen" that on 28 May 1865 Johnson assaulted Allen. Exec. 31 May 1865.
Bond: 31 May 1865; $500 Johnson with A. J. DURNIL as security.
Subpoena: 7 Jun 1865; Leonidas Allen, Willis CRAWFORD, July DUNNIN and Nancy MOORE; for state; exec. 8 June 1865.
Subpoena: 7 Jun 1865; A. N. TERREL and Mary ALLEN; for defense; Terrel not found in county, 10 June 1865, Const. J. F. GIBSON.
Affidavit: 10 Jun 1865; Parnick Johnson comes before James W. DAVIS, J. P .. felonious assault ... Johnson not ready for trial as material witness subpoenaed not found.
New Bond: 10 June 1865; Parnock Johnson gave bond $500 with A. J. DURNELL as security for appearance 17 June 1865. Signatures on bond are "Parnick" Johnson and A. J. "Durnil."
Examination: 17 June 1865:
Leonidas Allen: Sometime in the month of May AD 1865 I was sent by mother into our garden to gather some salad. There saw Mr. Parnick Johnson dogging cattle out of his field. I went down to Johnson's field. Mr. Johnson said to me and Willis Crawford "You little devils, you, if you get into this field I will kill you." I don't know what caused Mr. Johnson to say this. I did not get into the field. Shortly after Johnson threatened to kill me he got over the fence and struck me with a stick {document has a long, wavy line at this point} Mr. Johnson knocked me down with a stick and kicked me, the stick was nearly as big as my arm -- Johnson followed me to the foot of the hill and then I ran away from him -- I am (12) twelve years of age. This took place in Lawrence County Missouri. Cross examination of Leonidas Allen: I think it was about a quarter of a mile from the garden to where Mr. Johnson was dogging the cattle. I thought it was Mrs. HICKMAN dogging one of my mother's cattle. I asked Mr. Johnson if that was Mrs. Hickman's dog and my mother's yearling. Mr. Johnson said if we all not go home he would kill us if it was the last thing he ever done. Was about ten steps from the fence where Mr. Johnson struck me. It was tolerably brushy. Black Jack and Hazel Brush. Can't say how far it was from Johnson's gate; don't know how far I was from the lot. Was at the garden when I saw Mr. Johnson dogging the yearling first. Did not say that. It may was true and (illegible) intended to (illegible) be (pl??????) the cattle. When I first saw Mr. Johnson dogging their was in the field toward my mother's house. (illegible) was a quarter of a mile from Mr. Johnson's house to my mother house. The garden was between Mr. Johnson's house and my mother's house. Went up through the field to where Mr. Johnson was dogging the cattle. Did not go along the big road. Leonidas Allen, his mark.
Mary Allen: I sent Willis Crawford and Leonidas Allen to the garden to gather salad for me. This was I think between 10 and 11 oclock on said day. About 15 or 20 minutes after I started the boys to the garden Leonidas Allen came running and screaming into my house. I saw the knot raised on Leonidas Allen's head on that day -- the knot raised was nearly so large as a hen's egg. On one of Leonidas Allen's arms there were blue spots as though his arm was bruised; the dark spots were swollen. I thought from the look of Leonidas Allen's arm that it had been pryed by the grip of fingers. Leonidas Allen's head was so badly hurt that he could not stoop or lay upon the injured side of his head for several days. The knot on Allen's head had the appearance of being caused by a stick -- it (the knot) was longer than it was wide -- Leonidas Allen was hurt on the 28th day of May 1865. Mary Allen, her mark.
Willis Crawford: I saw the defendant Parnick Johnson strike Leonidas Allen with a stick (which stick I think was a blackjack) said stick being about as large as my wrist and about one yard long. This took place on 28th of May 1865 in Lawrence County Mo. Allen asked Parnick Johnson "is Mrs. Hickman's dog here?" Johnson replied, "you little devil if you get over this fence I will kill you: Johnson then got over the fence and knocked down Leonidas Allen with a stick. He, Johnson, also kicked Allen twice and caught Allen by the arm and said take that road home or I'll kill you if it is the last thing I do. Johnson then followed Allen to the foot of the hill about 200 yards from where the stiking took place. Willis Crawford, his mark.
Parnick Johnson: Advised of his right not to speak, and refused to make any statement concerning the matter and charges aforesaid. I further certify that the information of Leonidas Allen, Mary Allen and Willis Crawford ... were by me then taken and reduced to writing on this the 17th day of June AD 1865. James W. Davis, J. P.
Witness Recognizance: 17 June 1865; Leonidas Allen, Mary Allen, Willis Crawford; $200 each.
Transcript of docket entry: filed circuit court 15 July 1865. In addition to the information on the documents listed above: Recognizance; 17 June 1865; $600 each Johnson and Durnil as security; to appear lst day of next term. Other witnesses called for 17 June 1865 were July DUNIN and Nancy MOORE. Judgment: "After hearing all the evidence the Justice adjudges that the prisoner is guilty of the charge and that he be bound for his appearance at the next term of the circuit court. Fees: Justice fees; $5.60; Sheriff fees, $1.50; Constable fees, $1.75; Witness fees, $1.00/day for 2 days each Leonidas Allen, Mary Allen, Willis Crawford, July Dunin and Nancy Moore.

88. State of Mo. vs William A. WILLIAMS, grand larceny.
Affidavit: 4 Sep 1860; Before J. W. RICHARDSON, J. P., Ozark Township; Phillip T. FOUST says that on 28 Aug 1860 William A. Williams did brake into the dwelling house of said Foust with felonious intention; Took (1) one rifle value of $15. At the bottom of the affidavit; the warrant returned and the defendant arrested the charges being read in his hearing the defendant pleads guilty.
Warrant: 4 Sep 1860; William A Williams; justice fee, $1.50; Const. fee, $4.25; fee of gard (sic); milage {sic}, $2.00; Guard, W. N. RICHARDSON; On back of warrant; filed 3 Oct 1860, P. M. WEAR.
Fee Bill: filed 3 Oct 1860; P. M. Wear; T. E. ROBERTS, sheriff; 2 days custody of defendant in taking (to) the jail of Jasper Co., $2.00; Boarding prisoner 2 days, $2.00; 64 miles traveled @5, $3.20; 1 guard for 2 days, $2.00; 64 miles @5, $3.20.

89. State of Mo. vs John W. ESTES, grand larceny.
Affidavit: 5 Jan 1866; on or about 1 Jan 1866 John W. Estes stole horse $150 property of James HUDSON; signed A. W. GRAMMER. Sworn to Jas. W. DAVIS, J. P.
Warrant: 5 Jan 1866; John W. Estes; served 6 Jan 1866.
Subpoena: 6 Jan 1866; Fountain HUDSON, Jas. Hudson, John GUNTER, for defense; executed 8 Jan 1866, Fountain Hudson not in county, J. D. JONES. deputy, $1.85.
Subpoena: 6 Jan 1866; Abram W. Grammer, James Hudson, A. D. ELLIS, E. J. STACY, for state, executed 9 Jan 1866, J. D. Jones’ fee $3.00; receipt of service J. "H." Hudson; witness recognizance $50 each.
Warrant: 9 Jan 1866; John W. Estes for stealing horse $150 on oath of A. W. Grammer. Bail set at $1000. {No return on document.}
Transcript: to circuit court; "...the prisoner said he had no statement to make neither wanted to prove anything by his witnesses. That he stole the horse and was sorry for it." Judgment of justice: bound in sum of $1000 and held for next circuit term; Justice fees, $4.30; sheriff fees, $6.35; witness fees: A. W. Grammer, Jas. Hudson, E. J. Stacy, Jno. Gunter, $1.00 each and A. D. Ellis (Barry Co.) $1.25.
Examination: Abram W. Grammer: On or about the 5th day of January 1866 that himself and others arrested one John W. Estes or rather taken him and was going to James Hudsons to give said Estes a chance to prove himself clear of stealing a certain horse and on the way the said prisoner broke to get away from us and his horse fell down and we caught him. He then told us that he (Prisoner) had stole the horse from James Hudson. This was in Lawrence County and State of Missouri. A. W. Grammar, his signature.
A. D. Ellis: On or about the 4th day of January 1866 that a man came to my house who gave his name as Tom Carner and first proposed to sell me his horse. I told him I did not want to buy but I had a horse I would swap and we did swap horses. He left and went by E. W. WILLIAMS and he told them he had bought the horse and gave ninety dollars for him. He inquired the way to John W. Estes in Buck Prairie. Witness went to said Williams and got information that it was one John W. Estes that he had swaped horses with and having learned that prisoner had told that he bought the horse I traded to him I the{n} followed after said Prisoner and found him at Mr. Estes's and myself and Mr. Williams and prisoner went and found the horse that I traded hiched {sic} in the brush. I told prisoner that he must prove a good title to the horse. Prisoner said could prove a good title, that he bought the horse from James Hudson. We sta{r}ted to Hudsons and on the way said prisoner broke and run to get away and we caught him. He then told that he stole the horse from Hudson. A. D. Ellis, his signature.
E. J. Stacey: On or about the 4th day of January 1866 that John W. Estes the prisoner came to John W. Estes's cozen of said prisoner after dark. Prisoner said he had been to Springfield. The next morning Mr. Ellis and Mr. Williams came to Estes's, cousin of Prisoner, and Mr. Ellis asked Prisoner where the horse was that he had swaped {sic} to him. He said he was hitched out in the brush and they went and got said horse. The prisoner told Mr. Ellis in my presence that he had traded for the horse of Mr. Hudson. Witness further states that a certain sorrel horse presented on this 9th day of January 1866 is the same horse that Mr. Ellis was riding when he came a hunting said prisoner to ascertain whether the title was good or not. And myself and others started to James {Hudson's} to give said prisoner, Estes, a chance to prove the title of said horse and on the way said prisoner Estes broke to run and he was caught and he acknowledged that he stole the horse from James Hudson. This was done in Lawrence County and State of Missouri. E. J. Stacey {or Stacy, signature difficult to read.}
James Hudson: On or about the night of the 2nd day of January 1866 that a certain sorrel horse belonging to William HOPKINS was taken out or got out of the stable. The next time I seen said horse was on the night of the 9th of January 1866. The horse was in the lane at the house where I live and Mr. Hopkins lives. This was in Lawrence county State of Missouri. Signed J. H. Hudson.
John W. Estes: The prisoner being questioned stated that he had no statement to make, that he stole the horse and was sorry for it. James W. Davis. J. P. Ordered by the court that said prisoner John W. Estes be bound for his appearance at the next Circuit Court. Jas. Davis, J. P.
Notification: 10 Jan 1866; to sheriff, John C. PRICE, Judge 13 Circuit District calls for grand jury and special term for 23 Jan 1866.
Notification: 10 Jan 1866; to Joseph ESTES Esq., Circuit Attorney; notification of special session called for St. vs John W. Estes, now in custody of sheriff. Return: not found in county and family not at usual place of abode, A P Gibson.
Notification: 10 Jan 1866: to ?; notice of special term called for 23 Jan 1866. Executed 10 Jan.
Grand Jury Subpoena: 23 Jan 1866; J. B. DAVIS, Lot HOCKNEY and {name of Sam SMITH is marked out} executed 23 Jan 1866 to all 3 names listed.
Indictment: Charges John W. Estes stole horse $150 property of William Hopkins; grand larceny.

90. State of Mo. vs Wesley PENNINGTON and Jasper DAVIS, disturbing religious worship.
Indictment: filed 17 Nov 1865 by Joseph ESTES, circuit attorney.; a true bill, James ROBERTS, Grand Jury foreman; states offense occurred 12 Nov 1865; state witnesses James F. GIBSON, Milton CONNELL, John BRYANT and Elias BECKHAM.
Capias: 18 Dec 1865; Jasper Davis; executed and bond given 23 Dec 1865.
Capias: 28 Mar 1866; Wesley Pennington; executed and bond taken 7 Apr 1866.
Subpoena: 28 Mar 1866; James F. Gibson, Milton Connel, John Bryant and Elias Beckham; executed 20 Apr 1866.
Recognizance: 7 Apr 1866; Wesley Pennington $100 with James H. CALAWAY as security.
Motion to quash: filed 14 May 1866; Joseph Estes, attorney for defense; indictment does not state congregation disturbed was a congregation of people.

91. State of Mo. vs Joseph HAYS, Petit Larceny
Nolle 9 Nov 1866.
Indictment: filed 24 Jan 1866; charges on __ Jan 1866 Hays stole a pair of boots valued at $7 property of Harper CALDWELL and (illegible).
Capias: 29 Mar 1866; Joseph HAYSE; executed and bond taken 2 Apr 1866.
Bond: 2 Apr 1866; Joseph Hays $200 with James A. HAYS as security.
Subpoena: 23 Apr 1866; Zack WARREN and Adam COLE, for state; executed 5 May 1866, Adam Cole not found in county.
Subpoena: 23 Apr 1866; William CURRY, for state; executed "by reading to ... J. W. CURRY supposing him to be man intended" by John V. HARGROVE, sheriff, McDonald Co.
Subpoena: -May 1866; James IRBY and G. B. ANDERSON, for defense; served by J. J. LESTER.
Subpoena: 11 May 1866; John Hays, C. R. CUMMING and R. H. CUMMING, for defense; executed 11 May 1866.

92. State of Mo. vs George W. MESSICK, grand larceny.
Nolli 103, May term 1866.
Subpoena: 20 Feb 1866, R. M. LYON, Gilbert SCHOOLING and W. E. BIDDLECOME, for state; executed 15 Mar 1866.
Capias: 20 Feb 1866; George Messick; executed 26 Feb 1866.
Recognizance: 26 Feb 1866; George Messick $3000 with Anderson STARRETT, his mark as security; bond taken by John C. PRICE.
Subpoena: 7 Apr 1866; Joseph MCANDREWS, George BOWES(?), and George ABBOTT, executed 20 Apr 1866.
Subpoena: 7 Apr 1866; Francis BOTTUM, C. C. ARINGTON, Jane HARPER, James WOODLEY, William DOODS, Samuel SCOTT, __LOBER, Jasper CHARLES, and Robert BOYD, for defense; served 9 Apr 1866. Signatures in acceptance of service: J. H. WOODLEE, C. C. ARRINGTON, and H. William WOODS.
Subpoena: 26 Apr 1866; George MESSICK for defense; service accepted at Neosho meeting (illegible) on 25 Apr 1866 {sic}.
Subpoena: 26 Apr 1866; Samuel Scott, Dr. J. D. LOUBER, Robert Boyd, Jasper Charles, James HUNT, Joseph McAndrews, George Abbott, James MESSICK and Anderson Starrett, for defense; note indicates Catherine SCOTT served as witness in place of Sam Scott.

93. State of Mo. vs John MCCANSE and James WILLIAMS, murder.
Indictment: 17 Nov 1865; charges McCanse and Williams "did kill and murder" {with pistols} a man, "Henshaw whose Christian name to the grand jurors is unknown." in August 1865.
Capias: 24 Nov 1865; James Williams; executed 24 Nov 1865.
Capias: 24 Nov 1865; John McCanse; executed 24 Nov 1865.
Subpoena: 24 Nov 1865; Joseph C. BERRY, Caswell T. WEAR, Dr. H. WALLER, William HICKMAN, James ELKINS, William BAUGH, John W. MOORE, Benjamin PIRTLE, Eliza BURTON and William MULLINS; for state; executed 24 and 25 Nov 1865.
Subpoena: 16 Dec 1865; Alexander P. HOUK to speak for defense on 18 Dec; executed 16 Dec 1865.
Subpoena: 20 Dec 1865; Samuel S. WILLIAMS, Elizabeth WILLIAMS, Louisana GIBSON, Caledonia GIBSON, William JOHNSON, Walter E. JOHNSON and William R. HILLHOUSE; for defense; executed 22-24 Dec 1865.
Subpoena: 20 Dec 1865; John P. WILLIAMS, Jane PARSONS, Jack PARSONS; for defense; executed 21 and 22 Dec 1865.
Subpoena: 20 Dec 1865; Julia HENSHAW, Mary CARLTON, Sarah ELKINS, and Mary RICHARDSON; for state; executed to Henshaw and Carlton on 20 Dec and to Elkins and Richardson on 23 Dec 1865.
Subpoena: 20 Dec 1865; S. H. MELTON and Joseph ANDERSON; for defense; executed 26 and 27 Dec 1865 respectively.
Capias: 22 Dec 1865; J. P. MOORE; to serve as juror and answer contempt charge; executed 25 Dec 1865.
Subpoena: 23 Dec 1865; N. B. HOCKER, John B. WOODS, D. E. GIBSON, John PILKINTON, J. D. ALLEN, James A. GIBSON, Oscar WEAR, S. R. ALLEN; for defense; executed 23,24 and 25 Dec 1865.
Subpoena: 25 Dec 1865; R. H. LANDRUM, J. W. ELLIS, R. D. WILKS, Charles YOUNG, J. M. MOORE, Daniel BIDDLECOME, William ANDERSON; for defense; executed 25 Dec 1865.
Subpoena: 25 Dec 1865; A. A. YOUNG, Elijah HILLHOUSE, J. D. HILLHOUSE, L. T. COLLEY; for defense; executed 26th, 26th, 26th, 27th Dec 1865. Read by Isham IRBY and sworn to J. C. JENNINGS, J. P.
Subpoena: 25 Dec 1865; Russell ROYSTON, John HASH, James HASH; for state; Russell Royston not found at usual place of abode 26 Dec 1865.
Subpoena: 26 Dec 1865; John S. WILSON; for state; executed 26 Dec 1865.
Subpoena: 26 Dec 1865; Joseph HAYS; for defense; executed 26 Dec 1865.
Subpoena: 26 Dec 1865; John HALEY; for state.
Subpoena: 26 Dec 1865; William CHERRY and Sidney PILKINTON; for defense; executed 27 and 28 Dec 1865 respectively.
Capias: 26 Dec 1865; Hiram Waller for state and to answer contempt charges; executed 27 Dec 1865.
Subpoena: 27 Dec 1865; William MATTHEWS; for defense; executed 29 Dec 1865.
Subpoena: 27 Dec 1865; Mary NEELY, John HANSARD, Edward RAGAIN;. for state; executed 27 Dec 1865.
Subpoena: 27 Dec 1865; Mrs. Samuel COTTER; for state; executed Dec 27 1865.
Subpoena: 27 Dec 1865; John GULLETT; for defense; {return inaccessible, glued to other papers in bundle.}
Subpoena: 28 Dec 1865; Lou DURNIL, Ruth DURNIL, Lyman BEAMAN; for state; executed 28 Dec 1865.
Subpoena: 28 Dec 1865; Dr. John HOCKER; for defense; executed 28 Dec 1865.
Subpoena: 29 Dec 1865; Anderson A. Young; for state; executed 29 Dec 1865.
Subpoena: 30 Dec 1865; Maggie JOHNSON; for state.
Jury Instructions: 30 Dec 1865; "if believe from evidence defendants not present when Henshaw was shot they will acquit."
Verdict: 30 Dec 1865; Not guilty, signed by William NEECE, foreman.
Bill of Costs: 1 Jan 1866; to J. M. FILLER, deputy, for boarding defendants 36 days each at 60 cents per day, total $43.20.
Bill of Costs: 1 Jan 1866; to Elizabeth GAITHER boarding and bedding jury 3 days at $18 per day and bedding jury 2 days at $3 per day, total $60; and to A. J. DURNIL for boarding jury 2 1/3 days at $15 per day, total $35.

94. State of Mo. vs William MATHEWS, Mary CRAWFORD, John WEAR, Clary WEAR, John W. PRICE, Sarah Margaret MATTHEWS and Martha MATTHEWS, disturbing religious worship.
Indictment: filed 11 Nov 1865; charges that on 20 July 1864 and divers other times before that time defendants disturbed religious worship.
Capias: 11 Nov 1865; Sarah Mag Matthews; executed 13 Nov 1865 and gave recognizance for her appearance day to day.
Capias: 11 Nov 1865; Martha Matthews; executed and bond taken 13 Nov 1865.
Capias: 13 Nov 1865; William Matthews, Mary Crawford, John Wear, Clary Wear and John W. Price; Executed for William Matthews, John Wear and John W. Price on 13 Nov 1865; for Mary Crawford on 14 Nov 1865; for Clarey Wear on 19 Nov 1865. Each entered recognizance.
Motion to quash: filed 20 Nov 1865; claims the charges are banned by statute of limitations, more than 12 months before filing of the bill of indictment; by HENDRICK, BRAY, HARDIN, SHERWOOD, YOUNG and MCAFEE, attorneys for defense.

95. State of Mo. vs John W PRICE, felonious assault.
Indictment: (no filing date); On 20 Oct 1865 John W. Price assaulted George ORR, Sr. with a two pound stone; wound on forehead the length of four inches, breadth of one inch and depth of 1/2 inch; signed by Joseph ESTES, Circuit Attorney; state witnesses, S. R. ALLEN, John CHERRY, Zadock NEWMAN and George ORR, Sr. Note on document reads, "no supa issued."
Capias: 11 Nov 1865; John W. Price; executed and bond given to John C. PRICE, Judge, 13th Circuit District; no execution or bond endorsed on document.

96. State of Mo. vs Michael GARROUTE, grand larceny.
Amolla 16 Nov 1866.
Indictment: filed 14 May 1864; charges that on 1 July 1863 Michael Garroute stole 3 geldings and 3 mares property of F. L. UNDERWOOD; a true bill, Robert DOWNING, Grand Jury foreman; state witnesses Amos THOMAS, R. HENSEN, and F. L. Underwood. Note on document reads, "Robert SHULTS important witness."
Capias: 16 Nov 1865; Michael Garroute, grand larceny; executed and bond given 16 Nov.
Subpoena: 9 Apr 1866; Amos Thomas, R. Henson, F. L. Underwood, Robert Shults, for state; executed 24 Apr 1866, Thomas and Shults not in county.
Subpoena: 4 May 1866; Robert Shults, for state; Return dated 13 July 1866 "not found in (illegible) county by T. B. HUTCHISON, sheriff.
Subpoena: 29 Oct 1866; F. L. Underwood and Randolph HENSEN, for state; executed 30 Oct.
Subpoena: 30 Oct 1866; Andrew GUNTER, Coon MOON and David W. JONES, for defense; executed 6 Nov 1866 with notation Moon in Kansas and Jones in Cole Co.
Subpoena: 10 Nov 1866; M. MURRILL, for state; executed 15 Nov 1866 to Mitchell M____ {document torn, last name missing}.

97. State of Mo. vs George HALEY, grand larceny.
Indictment: filed 26 May 1865; charges that George Haley on 30 Nov 1864 stole seven head of hogs to wit 1 sow and six pigs property of William MATTHEWS.
Subpoena: 7 Apr 1866; William MATHEWS and Joseph R. MATHEWS, for state; executed 5 May 1866.
Capias: 12 May 1866; George Haley; executed and bond taken 12 May 1866.
Application for change of venue: 14 May 1866 because of prejudice of judge.
Notation on document bundle reads, "Transcript made and forwarded 27 May 1866.”

98. State of Mo. vs. George HALEY, grand larceny.
{Only one document, in two pieces, very tattered.}
Subpoena: 27 Apr 1866; William GARNER, Jesse WILLIAMS, George MANNING, Joseph THOMAS and Royston HALEY, for defense; Thomas not in county 3 May 1866, Jesse WILLIAMSON not found in my bounds 4 May 1866. 39

99. State of Mo. vs A. L. PHARISS, selling liquor without a license.
Indictment: filed 10 May 1867; B. L. HENDRICK, Circuit Attorney; charges Andy Phariss sold one half pint intoxicating liquor to E. D. BURTON without license as a dram shop keeper on __ day of Mar 1867.
Capias: 10 May 1867; A. L. Phariss; executed 13 May 1867, James F. GIBSON, deputy sheriff.
Subpoena: 20 May 1867; E. D. Burton; for state.
Fine: $40 plus costs of $10.05.

100. State of Mo. vs Sarah BLACK
Transcript
from Jasper County notes: John C. PRICE, judge; James ALLISON, County Attorney; Samuel H. CALDWELL, Sheriff; William G. PULGIN, clerk; George RANDOLPH, Circuit Attorney. Indictment: filed 1st day of fall term 1866; "Sarah a Lady of Color .. on __ Sep 1866 for open gross lewdness and lascivious behavior; and of notorious acts of public indecency grossly scandalous." {Cohabitated with Jacob DONEGAN, a white man}; Nathan BRAY, defense attorney. Subpoenas for state witnesses included members of VANBRUNT family. Defense requests deposition of character witnesses regarding the Vanbrunt family from Dallas County, Iowa {undated document}: Deposition of Stephen Adams: Q: What is your age, residence and occupation? A: My age is forty-one years, residence Dallas County Iowa and occupation that of Carpenter and illegible). Q: Are you acquainted with Aaron VANBRUNT Senior; if so state how long you have been acquainted with him and where he lived? A: I am acquainted with Aaron Vanbrunt Senior. I became acquainted with said about the fall of A.D. 1858 and my acquaintance with him continued till his removal from Dallas County on the night of October 18, 1866, to as I am informed and believe Jasper County Missouri. Q: Are you acquainted with his general character in the neighborhood in which he formerly resided for truth and veracity? A: I am. Q: (illegible) that character good or bad? A: His character for truth and veracity was decidedly bad. Q: State what you may know about the said Vanbrunts leaving Iowa, when and how he left, how far you resided from him and whatever also occurs to you pertaining to the matter. A: Said Vanbrunt left sometime during the night of the 18" and 19" of October last. I know this from the fact that the said Vanbrunt was the defendant in a suit to be tried before me as a justice of the peace on the 19" of October. Vanbrunt resided about half a mile from me for the last 5 years. He left the neighborhood at the time indicated secretly and clandestinely with his family. Q: Are you acquainted with {illegible} Vanbrunt, Joseph H. VANBRUNT, Aaron VANBRUNT Junior and S. G. VANBRUNT; if so how long have you been acquainted with these and where have they lived. A: I am acquainted with the entire Vanbrunt family and have known them the same as I have known Aaron Vanbrunt Senior for the same length of time and as a part of said Aaron's family the individuals above named have resided with him. The said Aaron Vanbrunt junior in the neighborhood has been more familiarly know as "Alex." Q: Are you acquainted with the ... ? A: Their character is bad. Signed and sworn, Stephen ADAMS 1 Jul 1867. Deposition of Robert Travis: {same questions} A: My age is 46 years. I reside in Dallas County and am a farmer. A: I am acquainted with (Aaron Vanbrunt Sr) My acquaintance with him was during the last summer and up to the time he left in the fall. He resided in Dallas County about one mile from me. A: {Vanbrunt's character} is bad. A: I have known them for the same time and to the same extent as I have known Aaron Senior. They have resided with him and been members of and children in his family. A: Their character is bad. I know of no distinction in the family in regard to character. The reputation and character of one is the reputation and character of all. Signed and sworn, Robert TRAVIS.
Motion to quash: 5 Nov 1867; No offence against the state charged; does not specify what defendant did which was charged as gross lewdness etc. Sustained.

101. State of Mo. vs A. L. PHARISS
Nolli pros 475.
Indictment: filed 10 May 1867; charges Andy PHARISS on or about 1 Jan 1867 sold one half pint intoxicating liquor to John C. WHALEY without a license as dram shop keeper; B. L. HENDRICK, Circuit Attorney; true bill; L. R. WHALEY, Grand Jury foreman.
Capias: 10 May 1867; for Andy Phariss; executed 13 May, J. F. GIBSON, sheriff.
Subpoena: 20 May 1867; John C. Whaley; for state; executed P. F. CLARK, deputy sheriff.
Subpoena: - Nov 1867; E. D. BURTON; for state; executed 5 Nov 1867 by W. A. MOODY, deputy sheriff.
Motion to quash: Filed 13 Nov 1867; MCCUNE and ESTES, attorneys for defense; first, because indictment is uncertain and is not particular; second, it does not describe the liquor sold; third, does not set forth the price of the liquor sold; fourth, does not set forth that defendant had not merchants license.

102. State of Mo. vs Charles YOUNG, disturbing the peace of a family.
Nolli Nov. 5,1869, page 435
Indictment: filed 23 Nov 1866; H. C. LOLLAR, clerk by Pleasant M. WEAR, deputy clerk; True bill; J. C. MARTIN, Grand Jury foreman; state witness, Violet MATTHEWS {sic}; charges that on or about the 19th day of November 1866 Charles Y. Young disturbed the peace of family of Violet Williams by loud and unusual noise and by firing pistols into the house of said Violet WILLIAMS and speaking profane and vulgar language to and in the presence of the family of said Violet Williams; James F. HARDIN, Circuit Attorney Pro tem.
Capias: Charles Y. Young; 26 Feb 1867; executed 16 Apr 1867 and released on recognizance; P. F. CLARK, deputy sheriff.
Bond: 16 Apr 1867; $200 Young with W. W. WHALEY and Wm. WARREN, his mark.

103. State of Mo. vs Samuel S. WILLIAMS, perjury.
Quashed 363
Indictment: Filed 18 May 1866; seven page indictment, charges Samuel S. Williams committed perjury as sworn witness in trial of John MCCANSE and James WILLIAMS for murder of Henshaw. Charges S. S. Williams perjured himself when asked if he attended a protracted meeting near Golihu MOORE's in the month of August last, and if he attended on Tuesday of the meeting and whether he saw defendants McCanse and Williams at the meeting or either of them about the hour of one or two oclock of that day and whether he took dinner on the grounds at the meeting on the Tuesday of the meeting ... wickedly contriving and intruding to cause the said James Williams and John McCanse unjustly to be acquitted of the said felony..."
Capias: 27 Apr 1867; for Samuel S. Williams; executed 4 May 1867 by James F. GIBSON, sheriff; released on recognizance before R. H. LANDRUM, Presiding Justice of the County Court.
Subpoena: 6 May 1867; William HICKMAN, John WHALEY (on center creek), Wm N. DAVIS, Cas. T. WEAR, Joseph C. BERRY; for state; executed by J. LINTHICUM, constable.
Subpoena: 6 May 1867; Thos. J. FLOW, Emilene FLOW, Pleasant {last name illegible}, E. B. HILLHOUSE, Mrs. Clay WEAR; for state; executed by J. W. UNDERWOOD, deputy sheriff.
Subpoena: 6 May 1867; Thomas B. ALLEN, Sarah J. ALLEN, John D. ALLEN, Sally ALLEN, James P. WHITE, George W. WHITE, Elizabeth WHITE, Sampson R. ALLEN, Joseph ESTES, Henry C. YOUNG, John S. PHELPS, Wm. M. NEECE, A. W. GRAMMER and J. L. GRAMMER for state; executed by J. W. Underwood, deputy sheriff and J. Linthicum, constable.
Subpoena: 6 May 1867; Jack GULLETT, Wm. HILLHOUSE, Wm. JOHNSON, Jane PARSONS; Executed 9 May 1867 by J. B. Underwood, deputy sheriff.
Motion to quash: Filed 7 May 1867; Nathan BRAY, attorney for defense; first, indictment does not charge the circuit court has jurisdiction of the cause for the State of Mo. vs James Williams and John McCanse; second, indictment does not charge the words spoken to be false; third, does not charge to whom the supposed false evidence was given; fourth, does not charge in what court or county indictment against McCanse and Williams was preferred nor does it traverse the plea of defendants to that indictment; fifth, does not charge that issue was joined in the case of the State vs McCanse and Williams.
{See also Bundle 104}

104. State of Mo. vs Betsy WILLIAMS, perjury.
Indictment: 5 pages; filed 18 May 1866; {see indictment for #103}; state witnesses listed as Thomas B. ALLEN, Sarah J. ALLEN, John D. ALLEN, Sally ALLEN, James P. WHITE, Mary E. WHITE, George WHITE, Sampson R. ALLEN, Joseph ESTES, Henry C. YOUNG, John S. PHELPS, Wm. MCNEICE, Will J. WILLIAMS, A. W. GRAMMER and J. L. GRAMMER.
Capias for Betsy Williams, subpoena for witnesses, motion to quash same dates and names as in bundle #103.

105. State of Mo. vs Alonzo HUFFMAN, petite larceny.
Affidavit: 30 Apr 1867; L. A. WILLIAMSON says on 30 Apr 1867 Alonzo Hufman did... steal one pocket revolver of the value of five dollars the personal property of said L. A. Williamson; James W. DAVIS, J. P.
Capias: 30 Apr 1867; for Alonzo Hufman; "for the lack of a proper officer to execute this writ I appoint and authorize J. F. SAMUELS to execute and return this writ. James W. Davis, J. P." Executed 30 Apr 1867.
Subpoena: 30 Apr 1867; L. A. Williamson and G. W. CHEWNING for 2 May 1867 appearance before James W. Davis,. J. P.
Examination before James W Davis: 2 May 1867; {punctuation added}: L. A. Williamson says: that on the 30 day of April last Alonzo Hufman was at my house. He went into the house and took my revolver from under the head of the bed. Hufman went off. About one and a half hours after I missed the revolver and I followed him and found him carrying the revolver concealed in a budget. I took the revolver from him. I asked him if he had my revolver and he said he had. I told him to give it to me and he did.
G. W. Chewning says: that on the morning of Apr 30th 1867 L. A. Williamson came to my house and inquired if I had seen a boy pass there with a budget and with certain colored clothes on and on foot. My wife told him she thought she had. He remarked that the boy had stolen a revolver from him and he would like to have me go with him to get him. I went with him to get him. I went with him and we overtook the prisoner who Williamson said was the same boy that left his house that morning and he supposed had his revolver. When we first came up to him Williamson had a revolver in his hands and ordered him to stop. He did stop. Williamson said to him where is the revolver that you stole from my house this morning. He answered dont shoot me. I have got it and Williamson told him if he had it to hand it out. He (Hufman) took it out from a budget of cloth that he was carrying. Williamson asked him if he took the cartridge box with the revolver and he replied that he did. Hufman wanted to go on but Williamson told him that he would have to go back. Hufman told Williamson that he would go back with him and work for him as long as he said if he, Williamson, would do no more about it. Williamson's answer was that he did not want him to work for him and he did not want him about him. Coming back I asked him what made him take the revolver. He replied that the devil got into him. This was in Lawrence county Missouri. L. A. Williamson resides in said county.
The prisoner, Alonzo Hufrnan, refused to make any statement.
Witness Recognizance: 2 May 1867; L. A. Williamson and G. W. Chewning; $50 each.
Transcript of J.P. Docket: 3 May 1867; Justice fees, $4.15; Constable fees, $.75; witness fees, $1.50. Defendant failed to give bail in sum of $100 to appear on first day of next term of circuit court and ordered commitment to common jail.
Commitment: 2 May 1867; "commited to the care of ______ MILLER"; J. F. GIBSON, deputy sheriff.
Capias: 8 May 1867; Alonzo Huffman; executed 9 May 1867.
Motion to quash: A. G. MCCUNE, attorney for defense; first, does not charge any felonious intent; second, does not state offense committed willfully. (page 366).
Subpoena: 9 May 1867; L. A. Williamson and G. W. Chewning, for state; executed 10 May 1867 by P. F. CLARK, deputy sheriff.
Subpoena: 9 May 1867; Franklin FOWLER, for defense; executed 10 May 1867 by James F. Gibson, sheriff.
Plea and judgment: 13 May 1867; Defendant confesses the indictment in this cause to be true. Defendant be imprisoned in the County Jail of said County for five days and that said State have and recover of and from said defendant his costs by her in her prosecution.
Execution of judgment: Defendant committed to care and keeping of _____ Miller by him the said Miller to be guarded and safely kept for the space of five days from the date of commitment to whit from the 13th day of May 1867, 12 oclock, to the 19th day of May, 1867, 12 oclock; James F. Gibson, sheriff; by P. F. Clark, deputy sheriff. {Note: execution of judgment is six days rather than the five sentenced.}
Execution: 23 Aug 1867; Henry C. Lollar, clerk; requesting sheriff take goods and chattles and real estate of Alonzo Huffman for costs unpaid.
Bill of costs: Clerk Lollar, $4.70; Sheriff Clark, $2.00; Gibson, $1.50; Justice Davis, $4.15; Constable Samuels, $1.25; Witness fees, $1.00.; Total, $14.60. {Note--no charge for boarding and guarding prisoner.}
Return on execution: Can not find any property belonging to Alonzo Huffman and that I do not fin {sic} Alonzo Huffman in Lawrence County this 4 Nov 1867; by P. F. Clark, deputy sheriff.

106. State of Mo. vs John UNDERWOOD, Luman ATWATERS and Robert ORR, disturbing religious worship.
Indictment: Filed 9 May 1867; did willfully and contemptuously disturb an assembly of people met for religious worship ... ; B. L. HENDRICK, Circuit Attorney; True bill, T. R. WHALEY, Grand Jury foreman: state witnesses Wm L. MORGAN, Daniel BROWN and H. C. LOLLAR.
Capias: 9 May 1867; John Underwood; executed 11 May 1867.
Capias: 9 May 1867; Luman Atwaters; executed 11 May 1867.
Capias: 9 May 1867; Robert Orr; executed 11 May 1867.
Subpoena: 9 May 1867; Wm. L. Morgan, Daniel Brown and H. C. Lollar, for state; executed 11 May 1867.
Subpoena: 13 May 1867; Wm. JEFFORDS, for state; executed 13 May 1867.
Subpoena: 15 {sic} May 1867; Dwight BACON, Henry NORTON, F. M. WHITE and Wilsen HENSON, Sen., for defense; executed 13 May 1867 by J. W. UNDERWOOD.
Subpoena: 13 May 1867; H. H. NEECE, {names of Paul ORR, James E. NEECE and F. L. UNDERWOOD are marked out on front of subpoena.} for defense; executed to Paul Orr and H. H. Neece on 17 June 1867 by Jacob LOLLAR deputy.

107. State of Mo. vs Ruben FISHBURN, perjury.
Transcript from Jasper Co.: Opening order Oct term 1865; "Be it remembered .... at the Brick School House near Cave Spring in said County a House within one half mile of said Spring designated by the Sheriff of said County by written hand bills posted by him at five of the most public places in said County at least Sixty Days before the commencement ... being one of the courts of the 13th Judicial Circuit .... Hon. John C. Price Circuit Judge Joseph Estes Circuit Attorney Samuel H. Caldwell Sheriff and William G. Bulgin Clerk."
Indictment: Perjury, for taking the oath of loyalty.
Motion to quash: Filed 6 May 1867 in Lawrence County by Nathan BRAY, attorney for defense; first; indictment does not set out the words falsely sworn to; second, does not charge defendant swore falsely and corruptly to any fact; third, does not charge offense against the laws of this state in that it does not charge in what he countenanced and comfort to persons engaged in armed hostility to the United States nor does it state by what words he manifested his adherances to the enemies of the United States; fourth, does not charge Fishburn was a citizen of the United States at the time of the committing of the said supposed offenses; fifth, does not negate the fact but that the said Fishburn at the time of the alleged commission of said acts was in the service of some foreign country at war with the United States.

108. State of Mo. vs J. M. KELLOGG, gaming.
Capias: 14 Nov 1866; James M. Kellogg; executed 15 Nov 1866 by J. M. FILLER, deputy sheriff.
Subpoena: __ Nov 1866; Charles Y. YOUNG, for state; executed 16 Nov 1866 by J. M. Filler, deputy sheriff. {Notation on document says "tried and found guilty, fined $? Nov 1866.}
Execution of judgment: 16 Nov 1867; recovered against James M. Kellogg the sum of $10 fine and also $11.70 adjudged costs.
Bill of costs: Clerk, $3.20; writ, $1.00; Filler, $2.50; Circuit Attorney HARDIN, $5.00; sheriff fees this writ, $1.00. Payment rec'd 14 Mar 1867--$14.00. Rec'd payment in full 30 May 1867.

109. State of Mo. vs George WILLIAMSON, burglary.
Indictment: Filed 12 May 1865; on 30 Dec 1864 broke into a millhouse, in which said building therein valuable things kept and deposited; towit corn, corn in the sack, wheat and wheat in the sack, corn meal and corn meal in the sack and flour and flour in the sack and did steal two sacks of meal and one sack of flour; George RANDOLPH, Circuit Attorney; true bill, B. W. W. RICHARDSON, Grand Jury foreman.
Capias: 15 May 1865; George Williamson; executed 18 May 1865 by James E. NEECE, deputy sheriff.
Subpoena: 8 Nov 1865; David SHIPMAN for defense; executed 13 Nov 1865 by Robert CASTILLES.
Subpoena: 10 Nov 1865; Lewis PRATT for state; executed 10 Nov 1865 by William ANDERSON, deputy sheriff.

110. State of Mo. vs G. W. CHEWNING, grand larceny.
Indictment: Filed 17 May 1865; charges on 30 Sep 1864 G. W. Chewning took three hogs the personal property of Alexander SMITH and William C. STOTTS; George RANDOLPH, Circuit Attorney.
Capias: 17 May 1865; G. W. Chewning; executed 18 May 1865.
Subpoena: 31 Oct 1865; Alexander Smith, William C. Stotts, Robert CASTILLES and William HARGROVE, for state.
Subpoena: 31 Oct 1865; A. P. GIBSON, Paul M. PIGG, Absolem SMITH, James MEANS, Maria MEANS, Benj. F. PAXTON, William C. Stotts, Peter S. HIGBEE, John W. CHEWNING, Alonzo CHEWNING, Aronzo CHEWNING, David SHIPMAN, Alen HARNESS, Green C. STOTTS and Watson (?)LAMB for defense; (return reads Allen HAMMER rather than Harness.)
Subpoena: 8 Nov 1865; Absalom Smith and Josiah SMITH for state; executed 9 Nov 1865.
Verdict: not guilty; John P. OWEN, foreman.

111. State of Mo. vs Thomas ALLEN, Jr., grand larceny.
Indictment: Filed 20 May 1865; charges Thomas Allen on 1 Feb 1865 stole two sheep, one the personal property of Danul E. GIPSON and one the personal property of Joseph D. FULLERTON and altered the marks on said sheep; George RANDOLPH, Circuit Attorney; true bill, B. W. W. RICHARDSON, Grand Jury foreman.
Capias: 22 May 1865, Thomas Allen; executed 24 May 1865 and released on bond with Thomas ALLEN (Sr.) and A. J. DAVIDSON as his securities.
Subpoena: 30 Oct 1865; Aaron BAXTER, Delana DAVIS, Robert MEANS, James MEEK, J. P. CANUTT and Joseph MCCORMICK; executed 2nd and 3rd Nov 1865, McCormick not found in county.
Subpoena: 1 Nov 1865; Daniel E. GIBSON and Joseph T. {or L.} Fullerton for state; executed 4 Nov 1865 by J. M. FILLER, deputy sheriff.
Subpoena: 1 Nov 1865; Thomas J. HEWLETT for state; executed 3 Nov 1865.
Subpoena: 7 Nov 1865; Robert CHITWOOD and Thomas A. ALLEN for defense.
Subpoena: 8 Nov 1865; Wm. H. GIBSON and James KANNOOTE for state; executed 9 Nov and 5{?} Nov 1865 respectively.
Affidavit for continuance: 17 Nov 1865; because of absence of witness, Joseph McCormick.
Affidavit for continuance: 17 Nov 1865; because of absence of witness, {illegible name}.
Instructions to jury: Filed 9{?}Nov 1865; "if they believe from the evidence that Thomas Allen altered the marks of any sheep being the personal property of Thomas J. Hewlett and altered any marks on said sheep with intent to steal the same..." {This document probably belongs in bundle 69.}
Verdict: Undated; Not guilty, Jonathan {illegible}, foreman; no case named on document.

112. State of Mo. vs William H. DUFF.
Indictment: 11 Nov 1865; charges that on 15 Feb 1865 William H. Duff stole a lot of corn; that is to say, eight bushels of corn the personal property of James GUTHRIE and of John LINK, the value of $15; Joseph ESTES, Circuit Attorney; true bill, James ROBERTS, Grand Jury foreman; state witnesses listed as: J. A. GARDINER, John Link, James Guthrie, Jno. W. MOORE and John M. FILLER.
Capias: 11 Nov 1865; William H. Duff; executed 14 Nov 1865 and released on recognizance.
Subpoena: 11 Nov 1865; S. A. GARDINER, John LINSO?, James Guthrie and John W. Moore, for state.
Subpoena: 18 Nov 1865; John M. Filler and J. D. HILLHOUSE, for state; executed 18 Nov 1865 by A. P. GIBSON, sheriff.
Capias: 25 Nov 1865; John W. Moore, to testify and to answer contempt charges in not attending as a witness in said cause; executed 25 Nov 1865 by William ANDERSON, deputy sheriff.
Subpoena: 25 Nov 1865; Matt DUFF and (illegible) HAUNS, for defense; executed to Miss Matie DUFF and Miss HARRIS on 29 Nov 1865 by J. M. Filler, deputy sheriff.
Verdict: 25 Nov 1865; not guilty, H. W. RESS?, foreman.

113. State of Mo. vs Andrew J. DAVIDSON, grand larceny.
Indictment: Filed 18 Nov 1864; charges that Andrew J. Daviston on 11? Jun 1864 stole one cow property of Anderson CASTER; George W. RANDOLPH, Circuit Attorney; true bill, E. RAMSEY, Grand Jury foreman.
Subpoena: 1 Feb 1865; Preston THURMAN, S. B. WHITE, T. B. ALLEN, F. M. JENNINGS for state.
Capias: 1 Feb 1865; Andrew J. Davidson; executed 11 Mar 1865.
Bond: 11 Mar 1865; Davidson $1000 with Reuben DAVIS and Seth WHALEY as his securities.
Subpoena: 12 Apr 1865; A. C. DAVIDSON, J. T. DAVIDSON, James MEEK, and Franklin JENNINGS for defense.
Verdict: Undated; not guilty, James W. DAVIS, foreman.
Bill of costs: Pay to A. J. DURNIL $4.00 for furnishing dinner to a jury.

114. State of Mo. vs Jesse HUNTER, using a stray before posting.
Indictment: 11 May 1864; charges Jesse Hunter on 1 Nov 1862 used and worked a stray before the same was appraised ... a yoke of oscen (sic) towit two steers. George W. RANDOLPH, Circuit Attorney; true bill, Robert DOWNING, Grand Jury foreman.
Subpoena: 22 Feb 1865; James NEACE for state; executed 27 Apr.
Capias: 22 Apr 1865; Jesse Hunter; executed 26 May {sic}1865 by taking bond of Jesse M Hunter with George HALEY as his security; A. P. GIBSON, sheriff.
Bond: 26 Apr 1865; Jesse Hunter $100 with George Haley as security.

115. State of Mo. vs Richard YOUNG, violating Sunday laws.
Indictment: filed 18 May 1864; charges Richard Young on 25 Oct 1863 sold ten yards domestic and one pair of shoes and various other articles to a person to the jurors unknown on the first day of the week commonly called Sunday; signed by George W. RANDOLPH, Circuit Attorney; true bill; Robert DOWNING, Grand Jury foreman.
Capais: 7 Mar 1865; Richard Young for 4th Monday in March appearance; undated return states Young gave bond with Wm. A. MCCANSE and B. R. MATHEWS as his securities.
Recognizance: 9 Mar 1865; Signatures of men listed above; signature of Young looks like G. R. YOUNG; $100.
Subpoena: 9 May 1865; John W. PRICE for state; executed 10 May 1865 by J. M. FILLER, County Coroner.

116. State of Mo. vs John J. ABBOTT and Joseph ABBOTT, grand larceny.
Indictment: filed 21 Nov 1864; charges John J. Abbott and Joseph Abbott on __ day of ___ AD ___ stole two quilts valued at ten dollars the personal property of {name illegible}; George W. RANDOLPH, Circuit Attorney; E. RAMSEY, Grand Jury foreman.
Subpoena: 1 Feb 1865; Jonathan HUNT, Robert SHULTZ, James H. GLASSCOCK for state; wherein John J. Abbott is defendant; undated return "by reading to Jonathan Hunt and James H. Glasscock," A. P. GIBSON, sheriff.
Capias: 1 Feb 1865; Joseph Abbott; executed 25 Apr 1865 by bringing Joseph Abbott before Judge LANDRUM of the County Court of Lawrence; gave bond.
Recognizance: 25 Apr 1865; $500; Joseph Abbott with W. T. WORSHAM and John J. ABOTT as securities; Joseph Abbott, his mark; bond taken by R. H. Landrum, County Court Justice.
Capias: 1 Feb 1865; John J. Abbott; executed 25 Apr 1865.
Recognizance: 25 Apr 1865; $500; John J. Abott with Levi TASTER and James BUTT as securities, taken by Thomas COLLEY, County Court Judge.
Subpoena: 8? May 1865; Bethel and James HUNT for defense; wherein John J. Abbott is defendant; executed 5 May 1865 by J. M. Filler, Coroner.
Motion to quash: filed 9 May 1865; James F. HARDIN, Attorney for defendants; first, indictment does not allege any time at which the said larceny was committed; second; does not sufficiently charge to whom said property belonged; contains no date or venue; does not inform the prisoners of the nature and cause of the accusation against them.

117. State of Mo. vs Melton CONNELL, felonious assault.
Indictment: 18 May 1864; charges Milton Connell on 29 Aug 1864 {sic} assaulted William J. LEWIS with rocks; true bill; E. RAMSEY, Grand Jury foreman; George W. RANDOLPH, Circuit Attorney.
Subpoena: 1 Feb 1865; William J. Lewis and Mary LEWIS for state; executed 24 Apr 1865 by A. P. GIBSON, sheriff.
Capias: 1 Feb 1865; Milton CONNELL; executed 24 Apr 1865; gave bond with S. STEPHEN and Soloman ROATENBARGER as securities; A. P. Gibson, sheriff.
Recognizance: 24 Apr 1865; $300; Samuel Stephen, his mark, and Solaman Roadenbarger, his mark; taken by Thomas COLLEY Judge of County Court.
Jury Instructions: filed 12 May 1865; “if they believe from the evidence that Melton Connell hit William J Lewis with rocks...”
Verdict: guilty as charged in the indictment and assessed a fine of $100; J. L. HOLT, foreman.

118. State of Mo. vs A. L. PHARISS, selling liquor.
Capias: __ day of AD 1865; Andrew Phariss; for offering for sale spiritous and Alcoholic liquor; undated return by A. P. GIBSON, sheriff.
Recognizance: 22 Mar 1865; $100; Andrew Phariss with Bradford SAMUELS and Wm. A. MCCANSE as securities.

119. State of Mo. vs Thomas CARY, working stray without having it appraised.
Indictment: filed 18 May 1864; charges Cary on 1 Apr 1863 used and worked a stray, towit one gelding, before having the same appraised; George W. RANDOLPH, Circuit Attorney; Robert DOWNING, Grand Jury foreman.
Capias: 22 Apr 1865; Thomas Carey; executed 6 May 1865 by John M. FILLER, coroner.
Subpoena: 22 Apr 1865; D. T. J. COLLEY for state; executed 9 May 1865 by J. M. Filler, coroner.
Recognizance: 6 May 1865; ?CAVEY with Wm. B. ALLEN and George S. HILLHOUSE as securities; $100; taken by J. M. Filler, Coroner; {signature looks like "CAY."}

120. State of Mo. vs Sarah SMITH, grand larceny.
Capias: 26 May 1865; Sarah Smith; executed 28 May 1865 by J. F. HENSLEY, deputy sheriff; gave bond.
Subpoena: 30 May 1865; Abram SMITH, Rachel SANDERS and Elizabeth MULLINS for defense; executed 29 May 1865 by J. F. Hensley, deputy sheriff.
Subpoena: 30 May 1865; Daniel PORTER and Amelia GRIM for state; executed 29 {sic} May 1865 by J. F. Hensley, deputy sheriff.
Subpoena: 31 May 1865; Absalom Smith for state.
Subpoena: 31 May 1865; Lucy WILLIAMS and William BOBETT for state; executed 31 May 1865 by J. M. Filler, deputy sheriff.
Instructions to jury: 31 May 1865; if the defendant took the sheep under a claim of property openly and publicly believing the same to be her own they will find defendant not guilty. If they find the defendant guilty assess a punishment of imprisonment not more than ten years nor less than two years in state penitentiary.
Verdict: 31 May 1865; not guilty; G. W. KENDALL, jury foreman.
{See also Bundle 134}

121. State of Mo. vs William BERGE, selling liquor without a license.
Capias: 5 Mar 1863; William Berge; no execution recorded.
Indictment: filed 5 May 1863; charges William Berge sold one quart of wine on 2 Feb 1863, one quart wine 22 Feb 1863, and one pint of whiskey punch 22 Feb 1863; George W. RANDOLPH, Circuit Attorney; true bill; T. R. WHALEY, Grand Jury foreman; state witness, Bennett WELLMAN.

122. State of Mo. vs John A. GRIGG, felonious assault.
Indictment: 18 May 1864; charges Grigg assaulted John WILSON with a pistol with intent to kill and murder; George W. RANDOLPH, Circuit Attorney.; true bill, Robert DOWNING, Grand Jury foreman.
Capias: 22 Apr 1865; John A. Grigg for assault with intent to kill; executed 25 Apr 1865 by A. P. GIBSON, sheriff.
Subpoena: 22 Apr 1865; John WILSON, Jacob MOORE; and E. B. RAGAN for state; undated return by A. P. GIBSON, sheriff.
Recognizance: 25 Apr 1865; $300; Grigg with William W. RUSK as security.
Subpoena: 8 May 1865; William Rusk for defense; executed 8 May 1865 by J. M. FILLER, coroner.

123. State of Mo. vs Bennett WELLMAN, selling whiskey punch without a license.
Indictment: filed 5 Mar 1863; charges Wellman on 15 Feb 1863 sold one pint of whiskey punch without having a dram shop license, an Inn Keepers license or any legal authority to sell the same; George W. RANDOLPH, Circuit Attorney; true bill; T. R. WHALEY, Grand Jury foreman; W. P. HALEY, state witness.
Capias: 5 Mar 1863; Bennett WELLMAN; no execution recorded.

124. State of Mo. vs Branson MAXWELL, Sunday liquor sales.
Indictment: no date; charges Maxwell on 7 May 1865 sold liquors on Sunday; George W. RANDOLPH, Circuit Attorney; true bill; B. W. W. RICHARDSON, Grand Jury foreman; William W. WHALEY and William ANDERSON, state witnesses.
Capias: 15 May 1865; Brunson MAXWELL; executed 17 May 1865 by taking arresting and taking Maxwell to circuit court, signed A. P. GIBSON, sheriff.

125. State of Mo. vs Armenius DOBYNS, using a stray before posting.
Indictment: 19 Nov 1864; charges Dobyns on 15 Sep 1864 "did unlawfully and willfully take up a stray; towit a man, and failed to take the same before a justice of the peace ... within ten days and make oath that it was taken up on his plantation and that the marks and brands have not since been altered to his knowledge ... and on 15 Sep 1864 did use and work a stray towit a man before having the same appraised; George W. RANDOLPH, Circuit Attorney; E. RAMSEY, Grand Jury foreman.
Capias: 1 Feb 1865; A. Dobbins; executed and took bond 8 May 1865 by J. M. FILLER, Coroner.
Subpoena: 1 Feb 1865; William T. WORSHAM and Benjamin THAXTON for state; executed 8 May 1865 by J. M. Filler, coroner.
Recognizance: 8 May 1865; $100; Dobbins (signed A. Dobyns) with Randolph HENSON and H. H. NEECE as securities.
Subpoena: 8 May 1865; Wm. D. TILLOTSON and T. L. UNDERWOOD for defense; executed 8 May 1865 by J. F. GIBSON, deputy sheriff.

126. State of Mo. vs Bennett WELLMAN, selling liquor without a license.
Indictment: filed 6? Mar 1863; charges Wellman on 20 Feb 1863 sold one pint of whiskey punch without having a dram shop license or any legal authority; George W. RANDOLPH, Circuit Attorney; T. R. WHALEY, Grand Jury foreman.

127. State of Mo. vs George W WOOTEN, converting personal property of another to his own use.
Indictment: {torn} filed 17 ___ 1865; charges Wooten on 20 Mar 1865 took fifteen hundred nails valued at $45 from a fence and converted them for his own use; George W. RANDOLPH, Circuit Attorney; true bill; B. W. W. RICHARDSON, Grand Jury foreman; Samuel ELLIOTT, William K. FOUNTAIN, Levi LOVETT, state witnesses.
Capias: 18 May 1865; George W. Wooten; executed 23 May 1865 and took bond of him with Philip J. HILL as security; J. F. HENSLEY, deputy sheriff.

128. State of Mo. vs George N HOLDEN, grand larceny and robbery.
Capias: 24 Feb 1864; George N. Holden for robbery; executed 24 Feb 1864 by Henry CHILDRESS, sheriff, by arresting and taking to the jail of Green county; costs $13.60.
Writ of commitment: 27 Feb 1864; "...having arrested George N. Holden on two capiases issued by the clerk of the circuit court for the County of Lawrence reciting that said defendant had been indicted ... in two cases, one for grand larceny and the other for robbery.. and there being no jail in my said county .. therefore hereby commit the said George N. Holden to the jail of the County of Green;" Henry Childress, sheriff.
Subpoena: 11 May 1864; Joseph BELL for defense; executed 12 May 1864 by Joseph MANDO?E? and sworn to P. M. WEAR, clerk, on 12 May 1864.
Subpoena: 11 May 1864; Anderson STARRETT; executed 11 May 1864 by Henry Childress, sheriff.
Writ of Habias Corpus: 6 May 1864; from John C. PRICE, judge; to sheriff of Greene County; that on 27 Feb 1864 had committed to your custody and charge for safe keeping the body of George N. Holden who had been arrested ... on a capias issued by the clerk of Circuit Court ... on an indictment for grand larceny .. command you to have the body of the said George N. Holden before the Circuit Court ... on Monday the 9th day of May AD 1864; executed 9 May 1864.
Writ of Habias Corpus: 21 Oct 1864; from John C. Price, judge; to sheriff of Greene County; ... command you to have the body of said George N. Holden at the Court House in the town of Mt. Vernon ... on the 7th day of November AD 1864; executed and filed 7 Nov 1864; costs submitted by Greene County, $133.75. (washing billed at $1.25 per month)

129. State of Mo. vs John C. DUNKLE, for manufacturing spiritous and alcoholic liquids before taking oath.
Indictment: filed 18 May 1864; charges Dunkle on 25 Feb 1862 manufactured alcoholic liquors before taking oath and giving bond as required; {oath not to mix and adulterate with any substance whatever the liquor so manufactured and bond to be given in the sum of five hundred dollars with good and sufficient security for the payment of all costs arising from prosecuting for violations of the act}; George W. RANDOLPH, Circuit Attorney.; true bill; Robert DOWNING, Grand Jury foreman.
Capias: undated; John Dunkle; "to answer to a charge ... for manufacturing alcoholic liquors before taking the oath provided by law;" executed 8 May 1865 by J. M. FILLER, coroner; gave bond.
Recognizance: 8 May 1865; $500; Dunkle with Wm. MULLINS and Phillip T. FAUST as securities.
Subpoena: 10 May 1865; William Mullins and George W. RINKER for state; executed 10 May 1865 by J. E. NEECE, deputy sheriff.

130. State of Mo. vs Martin J. NEWMAN, selling stray without posting.
Indictment: filed 14 May 1864; charges Newman on 1 Dec 1863 converted to his own use a stray towit one steer belonging to another person before the expiration of one year next after the time of posting said stray; George W. RANDOLPH, Circuit Attorney; true bill; Robert DOWNING, Grand Jury foreman.
Capias: 22 Apr 1865; Martin J. Newman; executed 24 Apr 1865 and took bond with Jacob LOLLAR as security by A. P. GIBSON, sheriff.
Subpoena: 22 Apr 1865; Thomas BALDWIN and B. W. W. RICHARDSON for state; executed 27 Apr 1865 by A. P. Gibson, sheriff.
Motion to quash: 10 May 1865; YOUNG and ESTES, attorneys for defense; because the indictment does not charge that the steer mentioned in said indict was ever posted by defendant and because said indictment does not charge that the stray was owned by any particular person or “person or persons to the Grand jurors unknown."

131. State of Mo. vs John LEE, felonious assault.
Recognizance: {does not belong in this bundle.} 24 Apr 1865; $100; NEWMAN with Jacob LOLLAR as security.
Indictment: filed 12 May 1865; charges John Lee on 27 Mar 1865 assaulted Cornelius CANINE with pistol with intent to kill; George W. RANDOLPH, Circuit Attorney; B. W. W. RICHARDSON, Grand Jury foreman; state witnesses, Cornelius Canine, Mary? GRISSON, Jacob LEE, and Berry GRISSON.
Capias: 15 May 1865; John Lee; executed by arresting and bringing into circuit court on 17 May 1865 by A. P. GIBSON, sheriff.
Notations on outside of bundle: Fees; Cir Atty, $5.00; Clerk, $3.00; Sheriff, $1.50. Recovered the above costs 13 Sep 1865, H. C. Lollar, clerk. Received of John Lee $100 the fin {sic} in this cause, Mt. Vernon, 12 Aug 1865, H. C. Lollar, clerk.

132. State of Mo. vs Rufus NICOLASS and Preston BREDEN, grand larceny.
Indictment: filed 23 Nov 1864; charges on 1 Sep 1864 Nicolass and Breden stole twenty-five head of sheep the personal property of R. E. KIMMONS; G. W. RANDOLPH, Circuit Attorney; true bill; E. RAMSEY, Grand Jury foreman; J? J. WEST and Elizabeth STEMMONS {sic}, state witnesses.
Capias: 15 May 1865; Preston Bredon; not found in county 19 May 1865 by A. P. GIBSON, sheriff.
Capias: 25 May 1865; Rufus Nicholass; undated return, not found in county, A. P. Gibson, sheriff.
Copy of indictment: 27 Apr 1867, Rufus Nicholass.
Capias: 27 Apr 1867; Rufus NICHOLASS; executed 2 May 1867.
Recognizance: 2 May 1867; $1000; Nicholass with A. H. TERRELL, Lewis GUM and G. W. WALLACE as securities; taken by R. H. LANDRUM, county justice. G. W. Wallace, his mark; signatures of others.
Subpoena: __ May 1867; Preston BREEDEN for defense; not a citizen of this county 8 May 1867, by J. LINTHICUM, constable.
Subpoena: 3 May 1867; J. J. West and Elizabeth KIMMONS for state; executed to West by P. F. CLARK, deputy sheriff, and to Elizabeth Kimmons by J. Linthicum, constable.
Subpoena: 6 May 1867; Preston Breeden for defense; Greene County return "this came to hand to late to serve for trial date this 10 May 1867" by J. A. PATTERSON, sheriff, E. P. GOTT, deputy.
Subpoena: 19 Oct 1867; Mastin BREEDEN and Presten Breeden for defense; executed in Lawrence County by Rufus B. Nicholass on 30 Oct 1867.
Subpoena: undated; I. J. West and Elizabeth Kimmons for state; executed 6 Nov 1867 by R. J. D. STEPHENS.

133. State of Mo. vs Clark MCDONALD, alias MCDANIEL, selling liquor without a license.
Capias: 22 Apr 1865; Clark McDonald, alias McDaniel; executed 28 Apr 1865 by A. P. GIBSON, sheriff.
Recognizance: 28 Apr 1865; $100; Clark Mcdonal {signature} and William MOON, his mark, as securities.
Subpoena: 9 May 1865; William MULLINS for state; executed 9 May 1865 by J. E. NEECE, deputy sheriff.
Subpoena: 9 May 1865; Joseph C. BERRY for state; executed 10 May 1865 by J. E. Neece, deputy sheriff.

134. State of Mo. vs Sarah SMITH, Leroy MULLINS, Ralf FASSETT and Zebedee JOHNSON, grand larceny.
Indictment: 26 May 1865; charges on 1 Mar 1865 Sarah Smith, Leroy Mullins, Ralf Fossett and Zebedee Johnson stole two sheep the personal property of David PORTER; George W. RANDOLPH, Circuit Attorney; B. W. W. RICHARDSON, Grand Jury foreman; state witnesses, David Porter and Amelia GUM.
Capias: 27 May 1865; Leroy Mullins; executed 28 May 1865 by J. F. HENSLEY, deputy sheriff and bond given same day.
Capias: 20 Sep 1865; Zebedee Johnson; not found in county 27 Oct 1865 by J. M. FILLER, deputy sheriff.
Capias: 20 Sep 1865; Ralf Fassett; executed 4 Nov 1865; bond taken 6 Nov 1865. Sheriff's fees include boarding prisoner two days at $1.25/day.
Subpoena: 4 Nov 1865; Abram SMITH, Rachel SANDERS, Sarah Smith for defense; wherein Leroy Mullins is defendant; executed to Sarah Smith on 4 Nov 1865 and to Abram Smith and Rachel Sanders on 6 Nov 1865 by J. M. Filler, deputy sheriff.
Subpoena: 6 Nov 1865; Leroy Mullins, Mrs. Leroy MULLINS; Walter E. JOHNSON, Sarah Smith, Abram Smith, Rachel Sanders for defense; wherein Ralph Fassett is defendant; executed to all except Johnson on 7 Nov; executed to Walter E. JOHNSTON on 5 Nov 1865 by J. M. Filler, deputy sheriff.
Subpoena: 6 Nov 1865; Fredonia PORTER, Ezekel BERRY, George SMITH, Malinda J. GRIFFITH, William DAVIS for state; wherein Leroy Mullins is defendant; executed 7 Nov 1865.
Subpoena: 7 Nov 1865; Lucy WILLIAMS, William BOBBETT, Absalom Smith and David Porter for state; wherein Leroy Mullins and Sarah Smith are defendants; executed 5 Nov 1865.
Verdict: 10 Nov 1865; Leroy Mullins; not guilty; E. H. RICHARDSON, foreman.
{See also Bundle 120}

135. State of Mo. vs Armenius DOBYNS, challenging to duel.
Indictment: filed 18 Nov 1864; charges A. Dobyns on __ Aug 1864 challenged Robert DOWNING to fight a duel with pistols; George W. RANDOLPH, Circuit Attorney; true bill; E. RAMSEY, Grand Jury foreman; lists state witnesses as William J. TROBUGER?, Robert Downing, Ephraim TATER, William T. WASHAM.
Capias: 1 Feb 1865; A. DOBBINS; executed and took bond 8 Apr 1865 by A. P. GIBSON, sheriff.
Recognizance: 8 Apr 1865; $500; Dobbins and Benjamin S. THAXTON as security; taken by A. P. Gibson, sheriff.
Subpoena: 19 Apr 1865; John CONNELL, Amos TOLLEN, James BUTTS and Benjamin Thaxton; for defense; return says executed by reading to Robert Downing, Ephraim TOSTER and William T. WASHAM and further certify the within named William J TROLENGER is not to be found in my county this 25 Apr 1865, A. P. Gibson, sheriff.
Subpoena: 8 May 1865; Elias BECKHAM and Finley L. UNDERWOOD for defense; executed 8 May 1865 by J. F. Gibson, deputy, for J. M. FILLER, coroner.
Jury Instructions: 10 May 1865; instructs jury that mere idle threats do not constitute a challenge to fight a duel; if they find from the evidence that Dobyns by the words he used only intended to express and manifest an intention and resolution to defend himself if attacked, they must find for the defendant.
Jury Instructions: 11 May 1865; suggest punishment of not more than six month imprisonment in county jail or five hundred dollars nor less than three hundred dollars if found guilty.
Verdict: 10 May 1865; not guilty; G. W. CHEWNING, foreman.

136. State of Mo. vs Thomas GILLOCK, arson.
Nolli Pros 440.
Indictment: 10 May 1867; charges Gillock on or about 3 May 1867 did willfully and feloniously set fire to and burn a dwelling house in which at the time there were human beings living; B. L. HENDRICK, Circuit Attorney; true bill; R. WHALEY, Grand Jury foreman.
Capias: 27 May 1867; Thomas Gillock; executed and bond taken 11 June 1867.
Recognizance: 11 June 1867; $1500; Gillock with E. H. RICHARDSON as security.
Subpoena: 4 Oct 1867; Thomas S. PIKE for state; executed 1 Nov 1865 by P. F. CLARK, deputy sheriff.

137. State of Mo. vs Robert CROCKETT, selling liquor without a license.
Indictment: filed 10 May 1865; charges Robert Crockett on __ Apr 1867 sold intoxicating liquor .. to wit one half pint to John WHALEY without a lisence {sic} as a dram shop keeper; B. L. HENDRICK, County Attorney; true bill; T. R. WHALEY, Grand Jury foreman.
Capias: 2 Jul 1867; Robert Crockett; executed by P. F. CLARK, deputy, for James F. GIBSON, sheriff, on 6 Aug 1867 by arresting Crockett and taking him before R. H. LANDRUM, Probate Judge.
Recognizance: 6 Sep 1867; $200; Crockett with Charles GRIFFIN and Oscar WEAR as securities; approved by R. H. Landrum, president of County Court.
Subpoena: 4 Oct 1867; John C. Whaley for state; executed 21 Oct 1867.
Subpoena: 14 May 1868; John C. Whaley for state; executed 29 Apr 1868 by W. A. MOODY, deputy sheriff.
Note: 29 Jun 1868; to circuit clerk; "You will pay to F. W. BRECKENRIDGE, all the fees I have due me in State cases" signed J. C. Whaley. {Do not know why this note is filed in this bundle.}
Special execution: 21 Oct 1868; Robert Crocket fined $40 and $23.50 costs; "this execution satisfied in full this 4 Nov 1868" James F. Gibson, sheriff.

138. State of Mo. vs John JOHNSON, et al., gaming.
Nolli Prosequi 430.
Indictment: 27 May 1867; charges John Johnson, John GARNER, John CALDWELL, William HUNT and Simpson CALDWELL on 10 Feb 1867 did play at cards on Sunday; B. L. HENDRICK, County Attorney; true bill; T. R. WHALEY, Grand Jury foreman.
Capias: 27 May 1867; John Garner; executed 6 Aug 1867.
Capias: 27 May 1867; William Hunt; executed 6 Aug 1867.
Capias: 27 May 1867; John Johnson; executed 5 Aug 1867.
Capias: 27 May 1867; John Caldwell; executed 16 Oct 1867.
Capias: 27 May 1867; Simpson Caldwell; executed 16 Oct 1867.
Recognizance: 5 Aug 1867; $200; John Johnson with O. P. JOHNSON as security.
Recognizance: 6 Aug 1867; $200; John C. Garner with James C. GARNER as security; both men (X) their marks; taken by T. L. DOWNING, deputy sheriff.
Recognizance: 6 Aug 1867; $200; Wm. Hunt with Charles B. WARD as security.
Recognizance: 16 Oct 1867; $200; John Caldwell with R. G. MCFALL and Wm. HOPKINS as security.
Recognizance: 16 Oct 1867; $200; Simpson Caldwell with O. P. JOHNSON as security.
Subpoena: undated; John DAVIS for state; executed 21 Oct 1867.

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