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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 202-252


202. State of Mo. vs Robert W. CRAWFORD, larceny and robbery.
Indictment: 10 May 1862; true bill; E. GAITHER, Grand Jury foreman; state witnesses, James RIKER, Elisha BROWNING, and J. R. BROWNING; Nathan BRAY, circuit attorney pro tem; charges Crawford on 3 August 1861 with force and arms stole one mare from Elisha BROWNING; and charges that Crawford and ten other persons whose names to the jurors are unknown on 3 Aug 1861 put Elisha Browning in fear of some immediate injury to his person and stole a mare the property of said Elisha Browning.
Capias: 29 Jan 1869; Robert W. Crawford; executed 29 Jan 1869 by W. H. JOHNSON, deputy sheriff.
Bond: 29 Jan 1869; Robert W. Crawford with N. B. HOCKER and Nathan BRAY as securities (their signatures); one thousand dollars.
Subpoena: 21 Apr 1869; Elisha Browning, James Riker and J. B. Browning for state; executed to Browning and Browning on 30 Apr 1869, James Ryker not found in county, by R. S. WILKS, deputy sheriff.

203. State of Mo. vs Cornelius CANNINE, perjury.
Indictment: 4 Feb 1869; true bill; W. D. GATTON?, Grand Jury foreman; state witnesses J. W. MILLS, Sidney PILKINGTON, H. SHARP and Dr. E. BROWNING; charges that on __ day of Sep 1868 Canine appeared before D. L. J. COLLEY a registering officer and took the oath of loyalty as required to register to vote and subscribed his corporeal oath in writing which among other things contains the following "I do solemly {sic}swear that I am well acquainted with the terms of the third section of the second article of the constitution of the State of Missouri adopted in the year 1865 and have carefully considered the same; that I have never directly or indirectly done any of the acts in said section specified; that I have always been truly and loyally on the side of the United States against all enemies thereof foreign and domestic; that I will bear true faith and allegiance to the United States and will support the Constitution and laws thereof as the supreme law of the land any law or ordinance of any state to the contrary not withstanding; that I will to the best of my ability protect and defend the Union of the United States and not allow the same to be broken up or dissolved or the Government thereof to be destroyed or overthrown under any circumstances if in my power to prevent it; that I will support the Constitution of the State of Missouri and that I make this oath without any mental reservation or evasion and hold it to be binding on me" when in truth and in fact the said Cornelius Charnine before that time to wit on or about the __ day of ___ 1864 then being a citizen of the state of Missouri and of the United States given aid and comfort countenance assistance sympathy and support to persons engaged in armed hostility to and against the Government of the United States and of the State of Missouri by then and there feeding men commonly called bush-whackers, and aiding and assisting men in active hostility to the government and by discouraging men from enlisting in the Federal Army and by encouraging men to enlist in the army of the so called Confederate States of America and not to obey any ordinance of this state or of the United States ..... signed, John Q. PAGE, circuit attorney.
Capias: 6 Feb 1869; Cornelius Canine; arrested and committed to jail 6 Feb 1869 by R. S. WILKS, deputy sheriff.
Bond: 6 Feb 1869; Cornelius ? (his mark) with GOLIHU MOORE and Nathan BRAY (their signatures--G. Moore) One thousand dollars.
Subpoena: 9 Apr 1869; J. W. Smith, Sidney Pilkington, H. Sharp and Dr. E. Browning for state; executed 17 Apr 1869 by R. S. Wilks, deputy sheriff.

204. State of Mo. vs W. H. GAITHER
Information
: 28 Jan 1869; John Q. PAGE, circuit attorney; charges Gaither on or about the __ day of ___ 1869 kept one billiard table and permitted the same to be played upon without then and there having a license to keep the same.
Capias: 29 Jan 1869; W. H. Gaither; executed 29 Jan 1869 by Wm. H. JOHNSON, deputy sheriff.
Bond: 29 Jan 1869; W. Ham Gaither with Wyatt HARRIS as security (their signatures--W. H. Gaither); $300.
Subpoena: 2 May 1869; Wyatt HARRIS, clerk of the county court for the state; executed 3 May 1869 by Wm. H. Johnson, deputy sheriff.
Subpoena: 4 May 1869; A. CONKLIN, Joe MATTHEWS, and T. B. SAMUELS for state; executed 4 May 1869 to Joe Matthews and S. R. CONKLIN by Thos. B. Samuels, sheriff.

205. State of Mo. vs Richard C. PRICE, gaming.
Indictment: 12 Feb 1858; Wm. W. GAY, clerk, and John D. ALLEN, deputy clerk; true bill; Carr MCNATT, Grand Jury foreman; A. T. HAUN, circuit attorney; state witness listed as James M. PRICE; charges that on 9 Feb 1858 Price bet one dollar at and upon a game of chance (cards).
Capias: 18 Aug 1858; R. C. Price; executed 28 Aug 1858 by Thos. HASH, sheriff.
Bond: 18 Aug 1858; R. C. Price (his signature) with Gilford BRIDGES (his mark) as security; $100.

206. State of Mo. vs Joseph MCANDREWS, perjury.
Indictment: 4 Feb 1869; true bill; W. D. GATTON, Grand Jury foreman; state witnesses, G. W. MESSICK, J. HEGLER, J. B. UNDERWOOD, R. M. LYON, John WILDER, R. BOYD, Enoch OLIVER, and G. W. MESSICK; charges that on __ day of Sep 1868 appeared before J. B. Underwood a registering officer to take oath required to vote (see indictment in bundle 203 for content of oath).... when in truth before that time towit on or about the __ day of ___ 1861, etc.; John Q. PAGE circuit attorney.
Subpoena: 9 Feb 1869; Enoch Oliver, Green STOTTS, W. L. IRWIN, James R. HARRIS, John HARRIS and Peter IRWIN for defense; executed to Oliver 1 May 1869; W. L. Irwin, James R. Harris, John Harris and Peter Irwin not found in county by John T. GULLETT, constable; executed to Green Stotts 14 Apr 1869 by Wm. H. JOHNSON, deputy sheriff.
{Enclosure from Auditor's Office, State of Missouri, City of Jefferson, 10 Jan 1870; No 225; disallows $4.50 to constable Gullett; amount certified $94.67 less $4.50, $90.17 allowed. Because constable is only allowed 25cts for serving subpoenas and is not allowed non ests, Sect 18, chap 32 GS.}
Capias: 16 Feb 1869; Joseph McAndrew; executed 26 Feb 1869 by Wm. H. Johnson, deputy sheriff.
Bond: 26 Feb 1869; Joseph McAndrews with James M. KELLOGG as security (their signatures--J. M. Kellogg); one thousand dollars.
Subpoena: 7 Apr 1869; G. W. Messick, John HAGLER, J. B. Underwood, R. M. Lyon, John Wilder, R. Boyd, Enoch Oliver for state; executed to Oliver on 1 May 1869 by John Gullett, constable; executed to Underwood, 12 Apr; Geo. W. Messick and R. M. Lyon on 14 Apr; John Hagler and John Wilder on 15 Apr 1869 by Wm. H. Johnson, deputy sheriff.
Subpoena: 9 Apr 1869; David HUNTER, Thomas WILLIAMS, J. L. HAGLER, John HAGLER. Sr., Charles IRWIN, and John Wilder for defense; executed 15 Apr 1869 by Wm. H. Johnson, deputy sheriff.
Subpoena: 9 Apr 1869; Price COLLEY, Joseph ANDERSON and Thomas WOOTEN for defense; executed to Colley and Anderson 15 Apr 1869 by R. S. WILKS, deputy sheriff.
Subpoena: 26 Apr 1869; Peter Irwin for defense; not found in county 7 May 1869.
Subpoena: 20 Oct 1869; George WOOTEN and Thomas Wooten for defense; executed 11 Nov 1869 by John Gullett, constable.
Subpoena: 20 Oct 1869; Enoch Oliver, John Wilder, John Hagler, Sr., Thomas Williams and David Hunter for defense; executed to Charles Irwin, Oliver, Wilder, Williams and Hunter 27 Oct 1869 by John Gullett, constable; executed to Hagler and Hagler 1 Nov 1869 by W. H. Johnson, deputy sheriff.
Subpoena: 20 Oct 1869; Joseph Anderson, Price Colley, Thomas Colley, Green Stotts, Thomas Boyd, and Thomas DAVIS for defense; executed 30 Oct 1869 by John Gullett, constable, Thomas Davis not found in county.

207. State of Mo. vs Stephen WORSHAM, disturbing the peace.
Indictment: 16 Feb 1869; state witnesses, G. L. KNAPP, N. B. HOCKER, Henry WHALEY, Seth WHALEY and Edgar GAY; John Q. PAGE, circuit attorney; charges Worsham on 16 Feb 1869 "disturbed the peace of the neighborhood of Mount Vernon by loud and unusual noise loud and offensive and indecent conversation by threatning quarrelling challenging to fight..."
Capias: 16 Feb 1869; Stephen Worsham; executed 19 Feb 1869 by Thos. B. SAMUELS, sheriff.
Bond: 17 {sic} Feb 1869; Stephen H. Wosham with William T. WORSHAM as security (their signatures); $400.
Subpoena: 21 Apr 1869; G. L. Knapp, N. B. Hocker, Henry Whaley, Seth Whaley, and Edgar Gay for state; executed 22 Apr 1869 by T. B. Samuels, sheriff.
Motion to quash the information: 3 May 1869; PRICE and HARDIN for defense; because said information was not filed nor {illegible} with the Circuit Court of Lawrence County and there was no affidavit filed with said information as the law requires and for other reasons.

208. State of Mo. vs Thomas B ELSEY, grand larceny/petit larceny.
Sworn testimony: P. S. SINCLAIR sworn and sias {sic}: I reside in Marionville, Lawrence Co, Mo. I am a merchant. Am acquainted with the prisoner. I have {lost?} money since I have lived in Marionville. I remember of {illegible} {lost?} four hundred and fifty dollars. It was not all taken at the same time. The defendant been in my store. Has been in a number of times. I have noticed peculiar conduct of the prisoner while in my store. I keep my money in my drawer under the counter. I have missed money from the drawer. U S legal tender and U S Bank currency. I do not remember the {number} of the bill but have it written down and can get it. (handing witness bill) I recognize this bill. I saw it when I put it in my dr{awer}. Just that numbers on this. {illegible} U S legal tender. I placed it in my drawer about 18th of Nov 1868. It was taken from my drawer about the 18th of Nov 1868. The prisoner was in my house that day. The bill is Number 37011. I was not there when he was. I left. Mr. Moore, clerk in my house. Also acquainted with number of that bill. It was my property (viz the bill). I missed other money at the time I lost that bill. Can't swear what amount. About that time I lost about $21. Next day $40. Next day $40.40. The prisoner was in my house on each of the days mentioned. (Handing another bill) I recognize that bill. Know it by County Nat Bank {illegible} number in blue 660424. In red 211. 1 took the number of the bill and put it into the drawer. I never paid those bills out nor let them out after I put them in there. This took place in my store Marionville, Lawrence Co, Mo. Cross examination: {illegible} a great many come in and go out each day. I have two clerks. They have access to my money drawer. I rec'd those bills from the prosecuting atty today. I made memoranda that I might {illegible.} I have lost {illegible} $450 or thereabout. I did not keep a memorand of all that I lost. On the 12th of Nov lost $21.00; 13th about $40; 14th lost no less than $40.40. The next I have a mem was about 16th Nov, not less than $5.00. About Nov 18th think it was lost $2.00 perhaps more. About the 23 Nov 20 to 30 dollars. Haven't since lost any that I know of. I lost money in May or June not positive which, think May. Keep nearly all kinds of goods required in county. (justice offers witness 50ct bill) Wit did not recognize it. Question of atty. Did not take down all numbers of bills lost? I did not take down all the numbers of bills lost about 16 and 18th of Nov. The {illegible} value of this currency lost was 75 cts on dollar at time loss. It is green back issued by US. Signed, P. S. Sinclair.
A. J. HENDRICKS sworn and says: Clerk in store of Mr. Sinclair's. I do know he has lost money since I've been with him. Over 10 stole out of his money drawer. Don't remember the date. Am acquainted with defendant. Has been in store a good deal. Crossexamined by court: The date as near as I remember was week before last and before that. Examined by defense counsel: Mr. Sinclair does business for himself I suppose. Signed, A. J. HENDRIX.
F. M. MOORE sworn and says: I have been residing in Marionville this last 6 weeks. Business clerk for Mr. Sinclair. Am acquainted with Prisoner. Recognizes him. I know that Mr. Sinclair has lost money. I know according to the trials we were acc to have that over $10.00 were taken out of the drawer. I can't remember dates. Did us {illegible} count. I remember one day I think it was about the middle of month just passed, couldn't tell just this amount. I think we marked the bills about the 17 or 18. 1 called off the numbers of the bills. I recognize this paper (when handed forms) Takes 2 dollar bill and identifies it from paper. To the best of my knowledge that is one of the bills. (One dollar handed him) Compares with papers and identifies it. Missed these bills about 3 or 4 days after marking them. The defendant was in store was in store {sic} about time of their loss. In the evening. Dont {illegible} after middle of month. The prisoner came in and took position by the counter and I went out to get some wood to make fire. Came in with wood. Went round to the cash drawer and counted the number of bills left in there. Found that there was one less than when I left him. Counted them just before I left there. There was no other person in the house at the time stated. About this time I was counting the bills, Mr. Elsey stepped out. A short time after this the prisoner passed back by the door with some fish. I asked him where he got them. He stated at Mr. MCCULLOGH. I went to Mr. McCullogh and asked the clerk if Mr Elsey spent some money with him. Yes. I asked if it was a 2 dollar bill. He said yes. I told him to keep it by itself and bring it up. I wanted to compare it with a list we had. He brought it up. I compared it and the bill corresponded with the list in number. The number of the 2 dollar bill was 37001. That was the number of the bill brought by McCullough's clerk. The number of the one that was in our drawer is in red 210, in blue 660424. It was missing two or three days before the 2 dollar bill was taken. Mr. DOOLITTLE brought us this bill up and compared it with our list and it corresponded with it in number. This occurred in Marionville, Lawrence Co, Mo. Mr. McCullough's clerk's name is Newt Gammel or C M GAMEL. Crossexamined by defense counsel: We missed the bills a few days after they were put in the drawer. During that time, myself, Mr. Sinclair and Jack HENDRICKS were the only persons having legal access to the drawer. This is not the drawer used in common trade at that time. I had this conversation with Mr. FIsey not far from sundown. About middle of Nov last. We took the letter and the series of some of the bills. The one is letter C. The letter of 2 dollar bill is not put down nor the series. (The court presents a 50ct bill to Mr. Moore and Mr. Hendricks and neither of them recognizes.) Examined by defense: Mr. McCulluch's {sic} clerk came the same day little after sundown. About 1/2 hour after I missed the bill. Did not take number of .50 cts bills. I did not pay away the bills under consideration (viz the one and two.) Swears he did not pay out those bills in change. Signed, F M Moore.
Mr. Gamel called for--already sworn: Am acquainted with defendant. Recognizes him. Live in Marionville, Lawrence Co, Mo. Business, clerk for McClulloch and Co. Offering him a two dollar bill, he recognizes it from number, date, and request to keep it separate. This bill was once in my possession. Rec'd it from Thos. B. Elsey, defendant, in payment for a lb of butter. Mr. Moore came down and asked if I had rec'd any money from Mr. Elsey, if I knew where it was. Told him I had it by itself. I put the bill in my pocket and as I went home I called at Sinclair's and compared the bill with the date and numbers held by Mr. Moore and it corresponded this number. He held 2 dollar. This is the same bill that I got of Mr. Elsey. (Pros atty presents witness list of notes held by Sinclair) Am acquainted with F. M. Moore. Clerks for Mr. Sinclair. Crossexamined by defense counsel: Never rec'd any 2 dollar in payment for fish. In Nov week last Thursday or Friday in evening. For fish I rec'd as near as I remember 25cts and 5cts. I sold the fish before it was dark, or evening as called here. This took place Lawrence Co, Mo. Signed, C. H. GAMMILL.
Mr. Dolittle called, previously sworn: I reside Marionville, Lawrence Co, Mo. Clerk for P. M. Slaughter. Am acquainted with T. B. Elsey and points him out. Recognizes a one dollar bill presented by pros atty. Says {illegible} spent there with Frank Means. Pros Atty: It was paid then by Thos. Elsey to F. Meins? I had orders if any money was paid me by prisoner (to) save it. When I came into the store I asked clerk if he had taken anything. He said yes. I told him to give me the bill. I took this one dollar bill and went up to Mr. Sinclair's store and compared it with the list they held then and the number on it corresponded. This is the bill. I've had it all the time. Testifies that he knows Frank Moore. Crossexamined by defense counsel: This occurred about a week ago. Signed, E. B. DOOLITTLE.
Frank Miens called and sworn: Pros atty. Asserts he has not been in the court room during this trial. One dollar bill presented him. He recognizes it and says he saw it in the {illegible} store. Rec'd it from Mr. Thos. Elsey, the defendant. It was about a week ago. I put it in drawer and took it out and gave it to Mr. Dolittle. Am certain that the bill I gave to Mr. Dolittle is the one paid by Mr. Elsey. Crossexamined by defense counsel: I saw this bill about one week ago. The number of bill 210. By this I knew. It was a green back. Don't know about the other numbers. Don't know the difference between the national currency and U.S. Signed, Frank MEANS.
Bond: 2 Dec 1868; Thomas B. Elsey; $500; T. B. Elsey, his signature; Thomas ELSEY, his mark; E. B. ROBINSON, his signature; E. NEECE, his signature; W. W. NEECE, his signature; W. C. ELSEY, his signature.
Witness recognizance: 2 Dec 1868; C. N. Gammill, Frank Means, P. M. SLAUGHTER, E.. B. Doolittle, F. M. Moore, P. S. Sinclair, W. W.? Neece, {their signatures}; $50.
Bill of Costs: filed 3 Dec 1868 by Joshua HOLT, J. P.; justice costs, $3.65; constable costs, $3.25; witness costs (10 witnesses @ one day each), $5; Total, $11.90.
Transcript to circuit court: 3 Dec 1868, filed 11 Dec 1868; Joshua Holt, J. P. for Buck Prairie Township, certifies that he has found Thomas B. Elsey guilty of grand larceny and that on the 1 Dec 1868 the witnesses were examined and their testimony reduced to writing. Elsey refused to make any statement and introduced no evidence in his own defense. Elsey bound in the sum of $500 for appearance in circuit court.
Subpoena: 4 May 1869; Joshua Holt for state; executed 4 May 1869 by Jas. W. Mills.
Indictment: 10 May 1869; true bill; J. L. Holt, Grand Jury foreman; state witnesses, P. S. Saintclair, Frank Means, C. N. Gammill, and F. M. Moore; charges Elsey with petit larceny on unspecified date for taking away two dollars in money towit a certain bank bill named and styled "The {illegible} County National Bank of Dixon." "State of Illinois" of the denomination of "one dollar" bearing date "July 1st 1865" bearing upon its face in red ink or print the figures "210" the same being the property of P. S. Saintclair; L. M. ANDREWS, circuit attorney pro tem.
Capias: 11 May 1869; Thomas B. Elsey; charge listed as petit larceny; executed and bond taken 11 May 1869 by R. S. WILKS, deputy sheriff.
Subpoena: 18 Oct 1869; Ellis NEECE; for defense; executed 29 Oct 1869 by John MOORE, Barry County sheriff.
Subpoena: 23 Mar 1869; Ellis Neece; for defense; executed 25 Apr 1870 by John Moore, Barry County sheriff.
Motion to dismiss: 10 May 1870; MCCLURE for defense; because the name of no prosecutor is endorsed on the back of the indictment.

209. State of Mo. vs Thomas ALLEN, for taking and keeping forcible possession of real estate.
Subpoena: 5 May 1869; G. W. DAVIS, L. M. JOHNSON, Henry SLANKARD and .... Slankard {top portion of document glued in bundle, did not remove}; executed 5 May 1869 by John L. MCFALL.
Indictment: Filed 7 May 1869; true bill; J. L. HOLT, Grand Jury foreman; state witnesses, R. HARRIS, L. M. Johnson, G. H. Slantow and G. W. SLANTOW; charges that on or about 8 Dec 1868 Thomas Allen, John Henry ALLEN, Richard ALLEN, William CHRISTIE, John CHRISTIE and Jackson MORRIS did by force and violence, by threats, intimidations and blows ... having shotguns, one rifle and numerous revolvers ... obtained and kept ... the south half of the northeast quarter and the northeast quarter of the northwest quarter of section thirty-two township twenty-seven range twenty-seven lying and being in the county of Lawrence and state of Missouri together with the house and the appurtenances thereon.
Capias: 7 May 1869; John Henry Allen; executed by William H. JOHNSON, deputy, for Thos. B. SAMUELS, sheriff, and bond taken by B. L. HENDRICKS, circuit judge, 7 May 1869.
Capias: 7 May 1869; William Christie; executed by R. S. WILKS, deputy, 10 May 1869.
Capias: 7 May 1869; John Christie; not found in county 15 May 1869 by R. S. Wilks, deputy.
Capias: 7 May 1869; Richard Allen; not found in county 15 May 1869 by R. S. Wilks, deputy.
Motion to quash the indictment: 8 May 1869; PRICE, TEEL and HARDIN for the defense; because the indictment upon its face shows that at the time of the commission of said offence the same was not punishable by indictment. Overruled, bill of exceptions filed, by B. L. Hendrick, Circuit Judge.
Jury Instructions: filed 10 May 1869; ... that if Harris abandoned the house without violence to his person or being put in fear by defendants or some of them they will find defendants not guilty. Also ... that unless said Harris yielded the possession of said premises through force or violence from some one or all of the defendants they will acquit the defendants.
Verdict: We the jury find Thomas Allen guilty and assess his fine one hundred dollars. We the jury find William Christy, Jackson Morris and John H. Allen not guilty as charged in the indictment; J. W. HOPPER, foreman.
Motion for a new trial: 11 May 1869; {signature of attorney illegible}; because the court gave improper instructions and refused to give instructions asked by deft; permitted improper evidence to go to the jury; verdict was not authorized by the evidence.
Motion to arrest the judgment: 13 May 1869; P H & Till {sic --Price, Hardin and Teel} ... that on the 8th of Dec 1868 at the time offense is charged to have been committed the offense attempted to be charged was not indictable.

210. State of Mo. vs John H. ALLEN; taking and keeping forcible possession of real estate.
Information: 28 Dec 1868; {see indictment in case #209}, signed by Robert HARRIS.
Capias: 28 Dec 1868; Thomas ALLEN; executed 29 Dec 1868.
Capias: 28 Dec 1868; John Henry Allen; executed 29 Dec 1868.
Capias: 28 Dec 1868; Richard ALLEN; not found in county 3 May 1869, R. S. WILKS, deputy.
Capias: 28 Dec 1868; William CHRISTIE; executed 29 Dec 1868 by Thos. B. SAMUELS, sheriff.
Capias: 28 Dec 1868; Jackson MORRIS; executed 29 Dec 1868 by Thos. B. Samuels, sheriff.
Bond: 29 Dec 1868; Thomas Allen with A. J. DURNIL and John C. PRICE as security {their signatures, Allen's signature is illegible}; four {or five} hundred dollars. {bond not filed in court until 20 Jan 1869.}
Bond: 29 Dec 1868; John Henry Allen with A. J. Durnil and John C. Price as security {their signatures}; $250; filed 20 Jan 1869.
Bond: 29 Dec 1868; William Christie {his mark} with John C. Price and James HART {their signatures} as security; $250; filed 20 Jan 1869.
Bond: 29 Dec 1868; Jackson Morris {his mark} with John C. Price and James Hart as securities {their signatures}; $250; filed 20 Jan 1869.
Subpoena: 5 May 1869; George Slankard, Henry Slankard, L. W. Davis and L. M. Johnson for state; executed 5 May 1869 by John MCFALL.
Subpoena: 5 May 1869; Slankard, Slankard, Davis and Johnson for state in State vs William Christie; executed 5 May 1869 by John McFall.
Motion to quash the information: 7 May 1869; Price Teel and Hardin for defense; because the same was not present{ed} to the court nor filed during a term of the court but was present{ed} and filed with the clerk of this court in vacation .... no person is entered or endorsed as prosecutor thereon.
Subpoena: 8 May 1869; Mary J. CHRISTIE and Eliza E. MORRIS for defense, in State vs Robert J. Morris; executed 8 May 1869 by George M. CHRISTY {his signature.}

211. State of Mo. vs Thomas ALLEN; grand larceny.
Indictment: filed 7 May 1869; true bill; charge listed as forcible entry; J. L. HOLT, Grand Jury foreman; state witnesses R. HARRIS, L. M. JOHNSON, G. H. SLANKARD, G. W. SLANKARD; ? ? ANDREWS?, circuit attorney pro tem; indictment reads same as Bundle #209. {probably belongs in bundle 209 or 210, document is enclosed in bundle but not glued into bundle with other documents.}
Indictment: filed 12 May 1868; true bill; James M. MOORE, Grand Jury foreman; state witnesses William BANCHER, Luke WILLIAMS and Nathan WILLIAMS; charges that on or about an unspecified date Thomas Allen stole a large quantity of corn; to wit one hundred and fifty bushels of the value of seventy-five dollars, the personal property of William Bancher.
Capias: 18 June 1868; Thomas Allen; return undated, by W. A. MOODY, deputy, for James F. GIBSON, sheriff.
Bond: 27 Oct 1868; Thomas Allen {signature--first name printed in capital letters T H M A S ALLN} with George HALEY as security {his signature} $500, bond taken by John C. PRICE, Circuit Judge.
Subpoena: 28 Oct 1868; William BOUCHER, Luke Williams, Nathan Williams for state; executed 30 Oct 1868 to Williams and Williams and on 30 Nov 1868 to Boucher by W. A. MOODY, deputy.
Subpoena: -Nov 1868; Thomas M. Allen, A. J. DAVIDSON, Thos. DAVIDSON, James MILLER, James JORDAN for defense; executed 6 Nov 1868 to Thos. Davidson and to others on 9 Nov 1868 by W. A. Moody, deputy sheriff.

212. State of Mo. vs Thomas ALLEN; felonious assault.
Indictment: filed 3 Feb 1869; true bill; W. D. GATTON, Grand Jury foreman; state witnesses J. H. GIBSON, L. A. GIBSON, ? MILLER, R. HARRIS, C. F. COLLEY, and James HART; charges that on __ Oct 1868 Allen shot at James H. Gibson with a loaded pistol with intent to kill ... ; John Q. PAGE, circuit attorney.
Bond: 20 Feb 1869; Thomas Allen with John C. PRICE, Anderson STARRETT {their signatures} and George HALEY {his mark} as securities; one thousand dollars; approved by R. H. LANDRUM, Probate judge. {Notation on back of document reads 'forfeiture of recognizance.'}
Subpoena: 9 Apr 1869; J. K? Gibson, L. A. Gibson, Wm. Miller, Robert Harris, C. F. He?olley, James HURT for state; executed 1 May 1869 by R. S. WILKS, deputy.
Subpoena: 10 Apr 1869; Robert Harris, Geo. SLANKARD, James Hurt and L. M. JOHNSON for state; executed 22 Apr 1869 by R. S. Wilks, deputy.
Writ: 20 Feb 1870; Thomas Allen, John C. Price, Anderson Starrett and George Haley for forfeiture of recognizance; executed 23 Apr 1870 by Thos. H. JONES, deputy.
Scifa: 14 May 1870; {barely legible} ... the said defts come say there is no such {illegible} as in said writ mentioned & therefore they pay judgment & {illegible}, WEAR TEEL and YOUNG for defense.
Subpoena: 7 Nov 1870; James H. Gibson, Wm. Miller, Sevi? A. Gibson, R. Harris, C. Holley, and James Hart for state in State vs Thomas Allen; executed by J. H. FILLER.
Bill of Fees: 10 Dec 1870 by James W. DAVIS, J. P.; total $35.75; filed circuit court 17 Dec 1870; witnesses listed as L. M. Johnson, Robert Harris, Jas M. BRIDGES, M. W. NORTON, A. C. DAVIDSON, G. C. B. JONES, Andrew WITHERS, Samuel BRIDGES, Chris HOLLEY, John L. HARGROVE, Jas. H. Gibson, Wm. Miller, and Ed M. WHEELER. {Very neat, legible, 1 plus pages in length.}

213. State of Mo. vs Robert ARMOR, selling liquor without a license.
Indictment: 8 May 1869; true bill; J. L. HOLT, Grand Jury foreman; state witnesses, Wm. DAVIS, E. DAVIS and John DAVIS; charges Armor on unspecified date 1868 sold one gill {sic, one gilt equals two ounces} of whiskey of the value of ten cents without having a license as dram shop keeper; John Q. PAGE, circuit attorney.
Capias: 8 May 1869; Robert Armor; executed and bond taken 11 May 1869 by R. S. WILKS, deputy.
Subpoena: 22 Sep 1869; Wm. Davis, E. Davis and John Davis for state; executed to John Davis 15 Oct by W. H. JOHNSON, deputy, and to Ephram and William Davis on 30 Oct by J. LINTHICUM, constable.

214. State of Mo. vs Robert ARMOR, selling liquor without a license.
Indictment: 8 May 1869; true bill; J. L. HOLT, Grand Jury foreman; state witnesses, John R. GIN, John DAVIS, and __ JOHNSON; charges Armor on unspecified date 1868 sold one gill {sic; one gilt equals two ounces} whiskey, value of ten cents, without having license as dram shop keeper; L. M. ANDREWS, circuit attorney pro tem.
Capias: 8 May 1869; Robert Armor; executed and bond taken 11 May by R. S. WILKS, deputy.
Subpoena: 22 Sep 1869; John R. Gin and John Davis for state; executed to John Davis on 15 Oct by W. H. Johnson, deputy, and to John R. Ginn on 1 Nov 1869 by Joshua LINTHICUM, constable.

215. State of Mo. vs Robert ARMOR, selling liquor without a license.
Indictment: 8 May 1869; true bill; J. L. HOLT, Grand Jury foreman; John DAVIS, state witness; charges Armor on unspecified date 1868 sold one-half gill {sic} whiskey of a value of ten cents without having a license as a dram shop keeper; John Q. PAGE, circuit attorney.
Capias: 8 May 1869; Robert Armor; executed and bond taken 11 May 1869 by R. S. WILKS, deputy.
Subpoena: 22 Sep 1869; John Davis; executed 15 Oct 1869 by W. H. JOHNSON, deputy.

216. State of Mo. vs Robert ARMOR, selling liquor without a license.
Indictment: 8 May 1869; true bill; J. L. HOLT, Grand Jury foreman; state witnesses, John R. GINN and J. P. MASON; charges Armor on unspecified date 1868 sold one gill {sic}whiskey of a value of ten cents without having a license as a dram shop keeper; L. M. ANDREWS, circuit attorney pro tem.
Capias: 8 May 1869; Robert Armor; executed and bond taken 11 May 1869 by R. S. WILKS, deputy.
Subpoena: 22 Sep 1869; John R. Ginn and J. P. Mason for state; executed 10 Nov 1869 by Joshua LINTHICUM constable, Ozark Township.

217. State of Mo. vs Robert ARMOR, gambling.
Indictment: 8 May 1869; true bill; J. L. HOLT, Grand Jury foreman; John S. BROWN, state witness; charges on unspecified date 1869 Armor bet a large sum of money, to wit one dollar, on a game of chance {cards}; John Q. PAGE, circuit attorney.
Capias: 8 May 1869; Robert Armor; executed and bond taken 11 May 1869 by R. S. WILKS, deputy.
Subpoena: 22 Sep 1869; John S. Brown for state; executed 25 Oct 1869 by W. H. JOHNSON, deputy.
Notation on outside of bundle reads “Plea of guilty & fine of $10.00, page 223.”

218. State of Mo. vs T. W. KELTON, selling liquor without a license.
Nolli prosequi, 4 May 1869.
Information: John Q. PAGE, circuit attorney, information gives that Kelton sold liquor, towit one half pint of whiskey of the value of fifty cents, without having a dram shop keepers license; no date of offense; information sworn to circuit clerk 25 Jan 1869.
Capias: 26 Jan 1869; Thomas B. Kelton; {no return recorded on document.}
Bond: 29 Jan 1869; Thomas B. Kelton with Daniel SLOAN as security {their signatures-- T. "W" Kelton}; $300.

219. State of Mo. vs T. W. KELTON, selling liquor without a license.
Information: 25 Jan 1869; John Q. PAGE, circuit attorney, information gives that Kelton on 25 Dec 1868 sold one-half pint whiskey of the value of fifty cents to John FILLER without having a license as a dram shop keeper.
Capias: 27 Jan 1869; Thomas W. Kelton; executed and bond taken 29 Jan 1869.
Bond: 29 Jan 1869; Thomas W. Kelton with P. A. MEDLIN and Daniel SLOAN as securities {their signatures--T. W. Kelton); $300.

220. State of Mo. vs T. W. KELTON, selling liquor without a license.
Information: 25 Jan 1869; John Q. PAGE, circuit attorney, information gives that Kelton on or about 1 Jan 1869 sold one-half pint whiskey of the value of fifty cents to John WEAR, Loren WRIGHT and L. L. FARLEY without having a license as a dram shop keeper.
Capias: 27 Jan 1869; Thomas W. Kelton; executed and bond taken 29 Jan 1869.
Bond: 29 Jan 1869; Thomas W. Kelton with Daniel SLOAN as security {their signatures}; $300.
Verdict: 4 May 1869; not guilty; A. W. GRAMMER, jury foreman.

221. State of Mo. vs P. A. MEDLIN, selling whiskey without license.
Information: 25 Jan 1869; "John Q. PAGE Circuit attorney information makes that P. A. Medlin on or about the 25th day of December 1868 ... sold intoxicating liquors to John Filler .. to wit one half pint of whiskey of the value of fifty cents without then and there having a dram shop keepers license..."
Warrant: 26 Jan 1869; P. A. Medlin; executed and bond taken 28 Jan 1869 by Wm. H. JOHNSON, deputy sheriff, for Thomas B. SAMUEL, sheriff.
Recognizance: 28 Jan 1869; P. A. Medlin with Daniel SLOAN as security {their signatures}; $300.
Subpoena: 23 Apr 1869; John Filler for state; executed 1 May 1869 by R. S. WILKS, deputy sheriff.
Warrant: 4 May 1869; John Filler; for contempt in not appearing to testify; executed and Filler discharged 4 May 1869.

222. State of Mo. vs P. A. MEDLIN, selling whiskey without license.
Information: 26 Jan 1869; John Q. PAGE information gives that P. A. Medlin on or about the __ day of November 1868 sold liquor in less quantity than one gallon without having license as dram shop keeper.
Warrant: 26 Jan 1869; P. A. Medlin; executed and bond taken 28 Jan 1869 by Wm. H. JOHNSON, deputy sheriff, for Thomas B, SAMUEL, sheriff.
Recognizance: 28 Jan 1869; P. A. Medlin with Daniel SLOAN as security, their signatures; $300.
Subpoena: 22 Apr 1869; L. L. FARLEY, John G. WEAR, Robert ARMOR and Thomas JONES for state; executed 22 Apr 1869 by Thos. B. Samuel, sheriff.

223. State of Mo. vs P. A. MEDLIN, selling whiskey without license.
Indictment: 8 May 1869; true bill; charges P. A. Medlin sold one half pint whiskey of the value of fifty cents on unspecified day in 1869 without having a dram shop keepers license; J. L. HOLT, Grand Jury foreman; David WHITEFORD, state witness.
Warrant: 8 May 1869; P. A. Medlin; executed and bond given 10 May 1869.
Subpoena: 10 May 1869; David WHITEFORD for state; executed 11 May 1869 by John L. MCFALL, execution sworn to WILSON, D. C. {deputy clerk}
Verdict: Back of document states: "State vs P. A. Medlin; verdict; Filed 11 May 1869 H. C. LOLLAR clk, by J. S. WILSON, D.C." Front of document reads: "State of Missouri County of Lawrence May 11th 1869 We the jury find the defendant." No verdict recorded and no signature. At the bottom on the front side of document is “?? 8 of May 1864 (illegible) MONTTEAS“

224. State of Mo. vs P. A. MEDLIN, selling whiskey without a license.
Indictment: 8 May 1869; true bill; charges on unspecified day in 1869 P. A. Medlin sold one pint whiskey of the value of one dollar without having a dram shop keepers license; John L. HOLT, Grand Jury foreman; David WHITEFORD, state witness.
Warrant: 8 May 1869; P. A. Medlin; executed and bond given 10 May 1869; R. S. WILKS, deputy sheriff.
Subpoena: 9 May 1870; Brad SAMUEL and T. W. KELTON for defense; executed to Kelton on 9 May 1870 by Thos. H. JONES, deputy sheriff; executed to Brad Samuels by J. W. MCCANSE on 10 May 1870 and execution sworn to H. C. LOLLAR, clerk.
Subpoena: 10 May 1869; David Whiteford for state; executed 11 May 1869 by John L. MCFALL.
Warrant: 10 May 1870; David Whiteford for contempt in not appearing to testify; executed 10 May 1870 by Thos. H. Jones, deputy sheriff.
Instructions to jury: 11 May 1869; "...if they believe from the evidence that deft sold whiskey in any quantity less than one gallon and not for medical purposes within one year from filing of the indictment ... if guilty they shall assess as a punishment not less than forty dollars and not more than two hundred dollars."

225. State of Mo. vs P. A. MEDLIN, selling whiskey without a license.
Nolli prosequi entered 28 May 1870 Book A page 385.
Indictment: 12 May 1869; true bill; charges P. A. Medlin sold one pint whiskey of the value of one dollar without having dram shop keepers license; J. L. HOLT, Grand Jury foreman; John F. WANN, state witness.
Warrant: 12 May 1869; P. A. Medlin; executed and bond given 13 May 1869.
Subpoena: 21 Sep 1869; John F. Wann for state; executed 27 Oct 1869 by W. H. JOHNSON, deputy sheriff.

226. State of Mo. vs P. A. MEDLIN, selling whiskey without a license.
Nolli prosequi entered 28 May 1870 Book A page 385.
Indictment: 12 May 1869, true bill; charges P. A. Medlin sold one half pint whiskey of the value of fifty cents without having dram shop keepers license; J. L. HOLT, Grand Jury foreman; John F. WANN, state witness.
Warrant: 12 May 1869; P. A. Medlin; executed and bond given 13 May 1869.
Subpoena: 21 Sep 1869; John F. Wann for state; executed 27 Oct 1869 by W. H. JOHNSON, deputy sheriff.

227. State of Mo. vs Daniel SLOAN, selling whiskey without a license.
Information: 25 Jan 1869; John Q. PAGE circuit attorney information makes that Daniel Sloan on or about day of July 1868... {following is marked out: in the drug store of the said Daniel Sloan} did sell intoxicating liquors to Thomas JONES, Loren WRIGHT and L. L. FARLEY .. towit one half pint whiskey of the value of fifty cents without having a dram shop keepers or merchants license.
Recognizance: 19 Jan 1869? {another date at bottom of page reads 2_th Jan 1869}; Daniel Sloan with T. W. KELTON as security, their signatures; $300.
Warrant: 27 Jan 1869; Daniel Sloan; executed and bond taken 29 Jan 1869 by W. H. JOHNSON, deputy sheriff.
Subpoena: 23 Apr 1869; Thomas Jones, Loran Wright, and L. L. Farley for state; executed to Farley and Jones on 24 Apr, Wright not found in county 29 Apr 1869 by R. S. WILKS, deputy sheriff.
Subpoena: 4 May 1869; Drs. LANDERS and N. B. HOCKER for defense; executed same day.
Motion to quash the indictment: BRAY and MCCLURE? attorneys for defense; because, 1st the information was filed after the law authorizing the circuit attorney to prosecute by information was repealed and the original information was not filed in court but with the clerk in vacation, and 2nd because there is no law authorizing the circuit attorney to prosecute for offences against the law by information and because it is unconstitutional.

228. State of Mo. vs H. S. WORSHAM, felonious assault.
Indictment: 8 May 1868; charges Worsham assaulted William ANDERSON with a certain pistol, commonly called a revolver, on the __ day of 1868; James M. MOORE, Grand Jury foreman; William Anderson and Joseph ANDERSON, state witnesses.
Warrant: 22 June 1868; Henry S Worsham; executed 18 Oct 1868 by T. L. DOWNING, deputy sheriff for James F. GIBSON, sheriff.
Recognizance: 28 Oct 1868; H. S. Worsham with N. B. HOCKER as security, their signatures; $1000; bond taken by R. H. LANDRUM, Probate Judge.
Subpoena: 3 Nov 1868; William Anderson and Joseph Anderson for state; executed 4 Nov 1868 by J. W. LEATHERS, deputy sheriff.

229. State of Mo. vs Charles GILLIS, selling unwholesome food.
Information: 8 Dec 1868; P. M. SLAUGHTER states he has reasonable grounds to believe and does believe that on or about 5 Dec 1868 Charles Gillis killed a diseased animal and sold a portion of the diseased flesh to him.
Warrant: 8 Dec 1868; Charles Gillis; executed by A. W. GRAMMER, constable, same day.
Subpoena: 8 Dec 1868; ?Franklin tona Piles G W WEBB {difficult to read}on behalf of defendant; executed to Franklin TONEY on 9 Dec 1868 by A. W. GRAMMER, constable Buck Prairie twsp.
Subpoena: 8 Dec 1868; John WILLIAMS, James CLEAR, Bural SUDDOCK, Gilbert MARSHELL, Yancy HAWERTON, Bengman PILE, Wm. NEECE, G. T. LADD, Jessy ASEAR, and Marshel WRIGHT for the state.
Testimony of witnesses: 9 Dec 1868 P. M. Slaughter being sworn says: he bought some beef from Mr. Gillis he thought on last Friday and in cutting the beef up it appeared to me that the beef was on the decline from the appearance of the beef and the fat. Mr. Gillis did not tell me that there was anything the matter with the beef. I asked him if it was good beef and he gave me to understand that it was good beef. I bought it for one cent less on the pound than I usually paid for beef. On complaining of the manner in which the beef was dressed Mr. Gillis informed me that the beef was dressed under difficulties it being in a very muddy place. The beef showed no more marks of mud than might get on it from being brought on a waggon. This took place in Lawrence Co. Mo. P. M. Slaughter, his signature.
James CLARE being sworn says: I know nothing of his having slaughtered a beef on Thursday, Friday or Saturday last. I was passing by on Wednesday and Mr. Gillis asked me to get down and look at a steir that was shot and I went in and looked at the steer and he was wounded in the back somewhere near the coupling and judging from the appearance of the wound I should say it was a serious one and looked to me as though the steer was disabled. The steer was down and I did not see him on his feet. The wound on the steer was maturating. This was in Lawrence Co. Mo. J. D. Clare, his signature.
Burton Sudduth being sworn says: He knows the defendant and knows of his having a steer that was wounded that he was wounded in the back near the coupling just back of the hip bones as well as I recolect I saw the steer one week ago today. I thought that the wound was a serious wound. The wound was maturating. Mr. Gillis was present when I was looking at the steer. Cross- examined: I do not know whether that steer is there yet or not. Burton SUDDEARTH, his signature.
G. D. Ladd being sworn says: I am acquainted partially with Mr. Gillis. I did not purchase any beef from Mr. Gillis on either last Thursday Friday or Saturday. Mr. Gillis tried to sell me some beef on last Friday or Saturday. I was wanting beef and had been trying to buy some beef for several days. Mr. Gillis came in the store and proposed to sell me some beef. I started out to the waggon and before we got there he told me he was compelled to kill his steer, that he had been hooked by another steer or cow brute and had his leg broke. I then remarked to Mr. Gillis that I did not want to buy any if that was the case. He did not state how long the animal had been injured. This was in Lawrence Co. Mo. G. T. LADD, his signature.
G. MARSHALL being sworn says: I contracted for a quarter of beef from Mr. Gillis. I told Mr. Gillis to take the beef to the house and Mr. Gillis represented the beef as being good beef. I have none of the beef now. About ten minutes after I had purchased the beef, I returned to my shop and a man came with me and he stated that he had never seen an ox lifted like that one was. I asked him what he meant and he said that it had been hooked on to the fence or over the fence and had got its leg broke. He then left the shop. I wrote a notice to Mr. Gillis stating what I had heard about the beef and for him to take it away. After that Mr. Gillis came to me and said that the beef was all right but it had got its leg broke and he had killed it and dressed it. That if I did not want it he would take it away. That the beef was good beef and one that he had been corn feeding for that purpose. He then requested me to say nothing about it that it would damage the sale of his beef that the beef was all right. I told him I would do so and I did do so until Sunday when other reports had come out about the beef. When I went home the beef was not at my house. I told Mr. Gillis that his beef was not as well dressed as he had been in the habit of dressing it and Mr. Gillis replied that it was so heavy he could not do it or words to that amount. That I saw on one of the hind quarters that I wished to buy a piece cut out which I call the rump roast which may be found on either side of the tale back of the hip bone. I bought the beef cheaper than I had bought beef this summer or fall. I was to give five dollars for the quarter of beef and I supposed that the quarter would weigh one hundred and twenty or thirty pounds. That the quarter I contracted for at the customary price would have amounted to about six dollars. Cross-examined: In buying meat by large quantities there is sometimes a reduction on the price. Mr. Gillis made a reduction in the price of beef once before this when I bought a large quantity. Of the beef that he made the deduction on previous to the last time was smaller and not so well fatted. Beef has been ready sale here until the last three or four weeks. Reexamined: No other person besides Mr. Gillis has ever made any reduction to me in the price of beef on account of the quantity taken. This was done in Lawrence Co. Mo. G Marshall, his signature.
Benjamin PYLE being sworn says: I know Mr. Gillis when I see him but am not intamately with him. On last Saturday morning I was coming to town when Mr. Gillis overtook me and he stated that an accident had happened to an ox the evening before. That he had his leg broke and that he had butchered him and he said that if he did not sell all the beef in town that he would let me have some of it. On Saturday evening I went to Mr. Gillis' and got the half of a fore quarter. This was in Lawrence Co. State of Mo. Benjamin Pyle, his signature.
Jessee ASHER being sworn says: I am acquainted with Mr. Gillis. He had one wounded steer and it has been some two or three weeks since I saw the steer and that it has been wounded about five weeks and that the steer was black. The steer was wounded throught the loins. I think first behind the hip bone. This was in Lawrence Co. and State of Mo. Jessee Asher, his mark.
John Williams being sworn says: I am acquainted with Mr. Gillis and I bought a half quarter of beef from him last Saturday. I ate some of the beef and it made me sick and made me vomit. This was in Lawrence Co. and State of Mo. I quit using the beef and that it is there in the house salted down yet. John Williams, his signature. John Williams recalled says: I live about one quarter of a mile from Mr. Gillis. Mr. Gillis had a steer that was wounded. I know Mr. Gillis' cattle and know his flesh mark. I saw Mr. Gillis' cattle this morning. The wounded steer was of a dark brown color. I have not seen the wounded steer in two weeks and did not see him with his cattle this morning. I did not miss any cattle from the herd excepting the wounded one. I do not know of Mr. Gillis killing any other animal than the beef he sold me in the last two weeks. (The hide being brought into the presence of the court, Mr. Williams said; that is the hide of the wounded steer.) This was in Lawrence Co. State of Mo. J. C? Williams, his signature.
N. W. HENDERSON being sworn says: I went to Mr. Gillis' after the hide. I told Mrs. Gillis that I had an order for the hide that come off the beef about which this lawsuit was pending. She said she did not know where it was and a little boy told her that it was on the crib. I then asked her the question and she told me to go to the crib and see. I went and got the hide which I brought before the court. (The said witness was ordered by the court to go out and bring the hide before the court.) I saw no other fresh beef hides about the premises. This was done in the County of Lawrence and State of Mo. N. W. Henderson, his signature.
The identity of the hide is admitted by the defendant. Charles H Gillis, his mark.
G. T. Ladd recalled says: I heard Mr. Webb talking on Sunday in Mr. Marshall's shop. He stated that the steer had been wounded about five weeks and that he did not intend for Marshall to have any of that beef. He spoke of a large rising that originated from the wound and he charged us very particularly not to tell that he said anything about it, but if it come into court he would swear it. This was in Lawrence Co. Mo.
P. M. Slaughter recalled says: I am a practicing physician. A wound that would produce a sore such as before described would produce fever and having existed for any considerable period of one or more weeks in a state of maturation or ulceration would be likely to impregnate the system of the entire animal so affected and from eating the flesh of the same the person eating the same might imbibe a viris or poison that might bring about any stage of disease from slight nausea with or without fever to the lowest grade of typhus. P. M. Slaughter, his signature.
Dr. E. H. ALLEN being sworn says: I concur with Dr. P. M. Slaughter in the above statement. If a man was in delicate health and was to eat diseased meat it would be likely to produce sickness. A person with a health stomach might eat unhealth meat and yet not be made sick. Cross- examined: If a man was to eat fresh beef when his stomach was deranged it might make him sick. That on account of the healthyness of beef. It is often prescribed for persons in bad health. ? H Allen, his signature.
George W. WEBB being sworn says: I am acquainted with Mr. Gillis. I know that Mr. Gillis had a crippled steer. Mr. Gillis told me that the brute had been wounded about five or six weeks up to this time. I told Mr. Gillis if he had killed that steer that he would get himself into trouble and he replied that he did not kill that steer. I think I passed by Mr. Gillis' last Thursday. I have not been there since. I do not {know} whether or not Mr. Gillis killed that wounded steer. This was in Lawrence Co. and State of Mo. George Webb, his signature.
G. Marshall recalled says: I had a conversation with Mr. Webb concerning this wounded steer. On last Sunday morning I was at my shop with Mr. G. T. Ladd. Shortly afterwards Mr. Webb came and a conversation came in regard to the beef that had been sold in town the previous Saturday. He first made Mr. Ladd and I promise that we would not tell that he said anything. He then said that he did not intend that Mr. Ladd or I should have any of that beef, that he knew all about that beef. He then said that the beef had been shot somewhere about the loin or hip five weeks previous to that time and that it had maturated and that the sore was as large as his two fists. This was in the Co. of Lawrence and State of Mo. G. Marshall, his signature.
Marshall WRIGHT being sworn says: I am acquainted with Mr. Gillis and was present when a conversation took place concerning a wounded steer. I believe that Mr. Weaver asked Mr. Gillis if he did not have a steer that was wounded and Mr. Gillis said that he had a steer that had been wounded. Mr. Weaver asked him where it was. Mr. Gillis said the steer was outside. He then asked me if I had seen any of his cattle about my house this morning. Weaver asked him if the steer was well and Mr. Gillis said he was or was about well. This was in Lawrence Co. Mo. Marshall Wright, his signature.
Marion WEAVER being sworn says: I am acquainted with the defendant, Mr. Gillis. I conversed with Mr. Gillis this morning about a wounded steer. Mr. Gillis told me that the wounded steer was well. I asked him if it was in the lot and he said no, it was out and he said that the ox he killed for beef had its leg broke a short time previous to the killing of it. This was in Lawrence Co. State of Mo. Wm. M. Weaver, his signature.
Warrant: 9 Dec 1868; Charles Gillis; “to any constable of Buck Prairie Twsp;” “ I hereby authorize Noah HENDERSON to execute the above order, Joshua Holt, J. P.”
Recognizance: 10 Dec 1868; Charles Gillis with George W. Webb and N. W. Henderson as securities, Gillis, his mark, Webb and Henderson, their signatures; $200 each.
Witness Recognizance: 10 Dec 1868; P. M. Slaughter, John Williams, James Clare, Burton Suddock, G. W. Marshall, G. T. Ladd, Jesse Asher, N. W. Henderson, George W. Webb and Benjamin Pyle; $50 each. {charge against defendant appears on this document: “killing and slaughtering a diseased steer knowing the same to be diseased and selling a portion of the diseased flesh...”} Signatures on recognizance read: P. M. Slaughter, G. Marshall, Marshal Wright, Wm. M. Weaver, Benjamin Pyle, H. R. Suddearth, A(?) W. Henderson, Y. D. Clare, George Webb, P. S .Sinclair, and S. H. Allen.
Transcript and bill of costs: filed Circuit Court 9 Jan 1869; from Justice of the Peace Joshua Holt: 1 Jan 1869; states P. M. Slaughter filed complaint on 8 Dec 1868; bond for Gillis set at $200 and bond given 8 December 1868; witness fees were paid to the following, Yancy Heairion?, G. Marsheal, Mershel Wright, W. W. Wearer, Ben Pile, H. B. Sudtarth, A. W. Hendason, J. L. Clear, G. W. Webb, P. S. Sinclear, L. H. Allen, William Hubard, and two illegible names.

230. State of Mo. vs Samuel DAVIS, arson.
"The State of Missouri and County of Lawrence. This day comes forward Thomas ALLEN Jun comes forward with a writt and in possession of one Samuel A. Davis, a prisoner, before me a Justice of the peace the above named prisoner being accused of burning a certain dwelling house belonging to the said Thomas Allen Jun. and having the following witnesses summoned. viz. Christopher HOLLEY in behalf of the prisinor and James HART in behalf of the state and Thomas Allen Jun. prosecutor (sic).
Thomas Allen Jun being duly sworn says: For some threats that this man has made against me I believe that he was the main leader in burning the house: the house was burned last Monday night, was a week ago, or two week ago, between nine and ten o'clock at night. We went down there and the house was burning. One corner was burned down. The house was mine. A log house about 17 ft square not covered. Cross-examined by defendant: It was two or three hours before day when I found out the house was burning. Day come about six o'clock. I saw no person about the house except those that went with me then. I supposed it was set on fire between nine and ten o'clock. Signature not legible.
John F. Christy being duly sworn says: I don't know anything about the burning of the house, more than that I know it was burned. The house was burned in December 1868. I seen the house as it was burning. I saw the house burning about sunrise. On the night that the house was burning I saw two men pass my house about 9 o'clock at night, going in the direction of the house that was burned. They came from the direction of Thos Allen's. I did not know the men. John F. Christy, his signature.
Robt. HARRIS being duly sworn says: I don't know anything at all about it. Robert Harris, his signature.
James Hart being duly sworn says: All I know about the burning of house is that I got up early in the morning. Thomas Allen, a son of that Allen there, went down on the prairie, came back and said the house was on fire. I went as far as my house on the prairie and saw a light in the direction of that Allen's house. That night I heard horses passing through the lane going {illegible}. I went out between four and five in the morning. James Hart, his signature.
Transcript: filed circuit court 19 Jan 1869; "After heareing the evadance it is considered by the undersigned Justice that the foregoing evidence was not surficient to establish arson against the defendant in any degree therefore it is adjudged that the State of Missouri pay all the case that has occured and that the defendant be at liberty." Joseph BATESELL, J. P., 12 Dec 1868. The transcript lists payment to the following witnesses: Thomas Allen Jun, John F. Cristy, Robert Harris, James Hart, for state; W. W. HARGROVES, L. A. GIBSON, P. S. HOBBS, J. S. HARGROVES, J. M. FILLER, W. S. C. WILKS, Jell? WHITE, for defense.

231. State of Mo. vs Robert ARMOR, selling liquor.
{twelve Capias Writs numbered 1-12, each with a separate information are tied in this bundle, not in numerical order.}
(10) Information: 1 Feb 1869; signed by John Q. PAGE, circuit attorney; charges Armor sold liquor to James JOHNSON without having dram shop keepers license.
Capias: 2 Feb 1869; Rober Armor; no execution recorded.
(11) Information: same as above except sold to Levi A. GIBSON.
Capias, same as above; no execution recorded.
(8) Information: 28 Jan 1869; sold to John UNDERWOOD.
Capias: 28 Jan 1869; no execution recorded.
(7) Information: 25 Jan 1869; sold to Charles YOUNG, George CANEFAX, Isaac BARD and William PRICE; four-one gill of whiskey value of fifteen cents on 15 Dec 1868.
Capias: 26 Jan 1869; executed 29 Jan 1869 by W. H. JOHNSON, deputy for Thomas B. SAMUEL, sheriff; “and on his failing to give bond and security commited him to jail for safe keeping and there to remain untill released by giving bond as aforesaid or untill our next circuit court May term 1869.”
(12) Information: I Feb 1869; sold one-half gill whiskey to Warren MONDAY on unspecified date 1869.
Capias: 2 Feb 1869; no execution recorded.
(9) Information: I Feb 1869; sold to Elmore FOSSETT on unspecified date 1869.
Capias: 2 Feb 1869; no execution recorded.
(1) Information: 25 Jan 1869; sold one half gill whiskey of the value of fifteen cents to George Canefax, Isaac Bard and Charles Young.
Capias: 27 Jan 1869; execution same as #7 except date.
(2) Information: 25 Jan 1869; sold one half gill whiskey value of fifteen cents to Charles Young, George Canefax, Isaac Bard, and William Price on 1 Jan 1869.
Capias: 27 Jan 1869; execution same as #1.
(3) Information: 27 Jan 1869; sold to Charles Young, Robert CROCKETT, L. B. LANDIS, and Charlie YOMER? on 26 Jan 1869.
Capias: 26 Jan 1869 {possibly incorrect date}; execution same as (7).
(4) Information: 25 Jan 1869; sold to George Canefax, Charles Young, Isaac BAIRD, and William Price, one half gill whiskey value of fifteen cents on 25 Dec 1868.
Capias: 26 Jan 1869; execution same as (7).
(5) Information: 26 Jan 1869; sold to E. BERRY, Charlie Young, William Price and George Canefax one half gill of value of ten cents on 25 Jan 1869.
Capias: 26 Jan 1869; execution same as (7) but dated 28 Jan 1869.
(6) Information: 26 Jan 1869; sold to Charles Young, William Price, Berry, Isaac Baird and Thomas JONES one gill of value of ten cents on 4 Nov 1868.
Capias: 26 Jan 1869; execution same as (7) dated 27 Jan 1869.

232. State of Mo. vs James RODGERS and Granville WALLACE, grand larceny.
Indictment: 24 Mar 1963; Archibald GILBERT, Grand Jury foreman; Geo. W. RANDOLPH, circuit attorney; J. A. BROWN and A. C. DAVIDSON state witnesses; charges on 20 Feb 1863 Rodgers and Wallace stole a horse and a mare, the personal property of J. A. Brown.
Capias: 24 Mar 1863; Rodgers and Wallace; executed by taking Rodgers into custody 25 Mar 1863 by C. GEORGE, deputy, for Henry CHILDRESS, sheriff.
Affidavit for Continuance: 25 Mar 1863; "for the want of material testimony .. indispensable and material to his defense in this cause reside at too great a distance to have been served with a subpoena and brought here since the arrest of this affiant. That if this cause is continued until next term ... he can procure the testimony of said witnesses."

233. State of Mo. vs Benjamin SMITH, selling liquor without license.
Indictment: 4 Jun 1859; true bill; A. T. HAUN, circuit attorney; W. W. BOBO, Grand Jury foreman; Dudley MONGER, state witness; charges Smith sold less than one quart whiskey without having license. {acid from ink spilled on this document is eating holes in the bundle}
Subpoena: 9 Jun 1859; Dudley Monger for state; executed 28 Jul 1859 by Thos. HASH, sheriff.
Capias: 11 Jun 1859; Benjamin Smith; executed and bond taken 16 Jun 1859.
Recognizance: 16 Jun 1859; Benjamin Smith, his mark, with J. M. FARE, Samuel FUNK, and James MOUNGER, their signatures, as his securities; $100.

234. State of Mo. vs Charles SAGE, selling liquor.
Indictment: 16 Aug 1858; true bill; William W. GAY, clerk; John D. ALLEN, deputy clerk; Samuel STONE, Grand Jury foreman; Simeon PENNINGTON and George W. ALLISON state witnesses; charges Sage on 20 Feb 1858 sold whiskey in quantity less than one gallon. {preprinted form for this offence.}
Capias: 14 1858; Charles Sage; not found in county 26 May 1859 by Thos. HASH, sheriff.
Capias: 28 Nov 1859; Charles Sage; executed and bond taken 28 Mar 1860 by Thos. Hash, sheriff.
Recognizance: 28 Mar 1860; Charles Sage with W. D. TILLOTSON as security, their signatures; $100.
Subpoena: 17 Apr 1860; Francis M. MARSH for state; executed 19 Apr 1860 by Ralph ELKINS, deputy.

235. State of Mo. vs Obadiah STURGEON, on peace warrant.
Affidavit: 9 Aug 1860; "This affiant, Nancy STURGEON, makes oath and says that Obadiah Sturgeon ... on 8 Aug 1860 maliciously abuse and threaten the life of the said Nancy Sturgeon and has at different times maliciously beat and otherwise abused said affiant ... subscribed and sworn to before me, A. B. POINDEXTER, J.P. Nancy Sturgeon, her mark.
Capias: 9 Aug 1860; Obadiah Sturgeon; executed 9 Aug 1860 by Thos. HASH, sheriff.
Witness recognizance: 11 Aug 1860; Nancy Sturgeon and Lucinda STURGEON, their marks; $50 each.
Bond: 11 Aug 1860; Obidiah Sturgeon, his mark, with Henry C. YOUNG and Thomas A. SHERWOOD, their signatures, as securities; $500.
Transcript: 13 Aug 1860; signed by A. B. Poindexter and J. M. FILLER, Justices of the Peace; states defendant was brought forward by sheriff on 11 Aug 1860 announced himself ready for trial and plead guilty to the charge. Judgment of justices is that the said Obadiah Sturgeon be held to bail in a bond of five hundred dollars for to keep the peace and to appear before the next circuit court ... bond given with H. C. Young and Thomas A. Sherwood as his securities.
Bill of costs: total, $9.45.

236. State of Mo. vs J. P. LASITER, larceny.
Indictment: 12 Nov 1860; true bill; Joseph CRAVENS, circuit attorney.; George W. MESSICK, Grand Jury foreman; N .B. HOCKER, William GARRISON, James GARNER "and ?elverton JOHNSON, state witnesses; charges Lasiter on 3 Sep 1860 killed a steer the value of ten dollars with intent to convert the carcass and skin of said steer to his own use, said steer being the property of N. B. Hocker.
Capias: 18 Nov 1860; Joseph P. Lasiter; for killing cattle and converting to his own use property of N. B. Hocker; not found in county, S. E. ROBERTS, sheriff, ?? Jun 1861.
Capias: 5 May 1862; Joseph P. Lasiter; executed 6 May 1862 by S. E. Roberts, sheriff.
Motion to quash the first count: RANDOLPH and MCKAY attorneys for defense; {Nearly illegible} "...because does not charge that the cow brute towit a certain steer is the property of any person as required by law."
Subpoena: ? May 1862; Henry PILKENTON, Sr. for defense, executed 6 May by Cas. T. WEAR, deputy.
Subpoena: 8 May 1862; Henry PILKENTON, Jr. for state; executed same day by Cas. T. Wear, deputy.
Instructions to jury: 9 May 1862; "that if N. B. Hocker bought the steer of defendant the law illegible his right to continue till the contrary appears." "That the openness and noteriety and publicity with which defendant took the steer is a circumstance from which the jury may in{fer} that the taking was not felonious."
Verdict: Not guilty; John D. ALLEN, foreman.

237. State of Mo. vs John TOLIVER and Charles TOLIVER, felonious assault.
Indictment: 15 Nov 1859; true bill; William D. FULBRIGHT, Grand Jury foreman; state witnesses D. H. LAMBERT, John M. BOBO and John G. GIBBON; charges that John Toliver on 14 Nov 1859 assaulted David H Lambert with a large rock of the weight of four pounds, and that Charles Toliver was present, aiding, abetting, commanding, procuring, etc; and John Toliver assaulted Lambert with a three pound rock; signed Joseph CRAVENS, circuit attorney pro tem.
Warrant: 15 Nov 1859; John Toliver and Charles Toliver; executed 15 Nov 1859 by Thos. HASH, sheriff.
Subpoena: 9 Apr 1860; John Gibbon, William Robs and Martha Walace for the state; executed to WALLACE and Gibbon on 13 Apr 1860 and to Williams ROLES on 21 Apr 1860 by Ralph ELKINS, deputy sheriff.
Subpoena: 5 Nov 1860; John H. Toliver and Samantha TOLIVER; for defense in Mo vs Charles Toliver; executed 5 Nov 1860 by Thos. Hash, deputy sheriff.

238. State of Mo. vs John TOLIVER and Charles TOLIVER
Affidavit
: 14 Nov 1859; {see Bundle #237} signature, David LAMBERT.
Subpoena: 15 Nov 1859; John BOBO, David H. Lambert and George STEWART to appear before A. B. POINDEXTER, J. P; executed 15 Nov 1859 by John S. POINDEXTER, deputy constable.
Transcript: 17 Nov 1859; Affidavit of complainant filed 14 Nov 1859; arrested and brought before Poindexter; Circuit Court being in session the prisoners were turned over by the prosecuting attorney to the grand jury on 15 Nov 1859. Bill of costs, $3.55.
Subpoena: 23 Apr 1860; David H. Lambert, John M. Bobo and John G. GIBBON for state; executed to Gibbon on 25 Apr, Bobo on 27 Apr and Lambert on 3 May 1860 by Thos. HASH, sheriff.
Subpoena: 3 May 1860; John MCCORMACK and Jason LAMBERT for state; executed to Lambert 4 May 1860 by Thos. Hash, sheriff.
Bill of Costs: 5 Nov 1860; submitted by T. J. HALSELL, sheriff and jailor of Jasper County, Mo.; $13.00 (transporting prisoner, 1 day; custody, 1 day; 2 days travel; 1 guard at 2 days; 70 miles travel for sheriff and guard. No prisoner or case named on this document.)

239. State of Mo. vs John TOLIVER and Charles TOLIVER
Affidavit: 15 Nov 1859; David H. LAMBERT sworn and says some time in the spring of 1859 John H. Toliver did threaten the life of said Lambert and that Toliver has since threatened to the same effect and on yesterday did tell me he would kill me if I did not put up my knife and on said time and place did assault me .... and that one Charles Toliver has during the spring of 1859 threatened that he intended to kill me before I got off to Pikes peak and I believe that not only my person is in danger but also my property.
Warrant: 15 Nov 1859; John Toliver and Charles Toliver; issued by A. B. POINDEXTER, J. P.; executed 15 Nov 1859 by J. S. POINDEXTER, deputy constable.
Subpoena: 15 Nov 1859; John BOBO, George STEWART and David H. Lambert for state; issued by A. B. Poindexter, J. P.; executed 15 Nov 1859 by J. S. Poindexter, deputy constable.
Bond: 15 Nov 1859; $1000; John H. Toliver and Charles Toliver, their signatures, with Riceton(sp) HALEY, his mark, as security; witness, Oscar WEAR.
Subpoena: 9 Nov 1860; Samantha TOLIVER for defense in Mo vs Charles Toliver; executed 9 Nov 1860 by T. E. ROBERTS, sheriff.
Peace Warrant: 9 Nov 1860; Martha WALLACE for state; not served.

240. State of Mo. vs Oscar WEAR, felonious assault.
Indictment: 4 June 1859; Wm. W. GAY, Circuit Clerk; true bill; W. W. BOBO, Grand Jury foreman; state witnesses Joshua ROYSTON, William WHITE and James ELKINS; charges that on 1 May 1859 Wear assaulted Joshua Royston with a four pound rock.
Capias Instanter: 4 June 1859; Oscar Wear; executed 10 Oct 1859 by Thos. HASH, sheriff; brought before Thos. R. WHALEY, acting Justice of County Court; gave bond in sum of $300.
Bond: 10 Oct 1859; $300; Oscar Wear (his signature), with John H. LEBOW and Charles GEORGE (their signatures) as security.
Affidavit for continuance: 9 Nov 1859; John R. CHENAULT, 13th Cir Judge; for lack of material witness for defense who left the state before Wear's arrest.
Subpoena: 8 Nov 1860; Crocket HOWARD for defense; executed 8 Nov 1860 by Thos. Hash, deputy.

241. State of Mo. vs A. P. WILKS, gaming.
Indictment: 10 Nov 1860; Abner WILKS, Thomas DAVIS and Alexander MAXWELL?; true bill; George W. MESSICK, Grand Jury foreman; state witness listed as Franklin BERRY; charges that Wilks, Davis and Maxwell on 10 Jun 1860 bet $1 on game of cards; Joseph CRAVENS, circuit attorney.
Capias: 28 Nov 1860; Abner Wilks; executed 4 Feb 1861 by Thos HASH, deputy; bond taken in amount of $100 with John M. WILKS as security.
Capias: 28 Nov 1860; Thomas J. Davis for gaming; could not find in county, 3 Jun 1861, J. Samuel E. ROBERTS, sheriff, by Thos. Hash, deputy.
Bond: 4 Feb 1861; $100; A. P. Wilks with John M. Wilks as security {their signatures.}
Subpoena: 2 Apr 1861; Franklin Berry for state; Mo. vs Abner Wilks; executed 22 Apr by S. E. Roberts, sheriff.

242. State of Mo. vs Stephen WORSHAM and Z. T. NEWMAN, selling liquor.
Capias: undated; Stephen Worsham and Z. T. Newman for selling liquor before taking the oath required; executed 26 Apr 1865 by A. P. GIBSON, sheriff.
Bond: 26 Apr 1865; $200; Henry S. Worsham and Z. T. Newman with John B. HUNT as security (their signatures); taken by A. P. Gibson, sheriff.

243. State of Mo. vs John WELDY and Fredrick WELDY, disturbing the peace of a family.
Affidavit: 19 Dec 1859; by Henry WHITE {his signature}; charges that Weldys tried to break open the door of White's house, knocked down Henry White's wife and broke dishes on said White's table {following is marked out: drew an ax on White’s son, John}; charges offense committed by John Weldy with Fredrick Weldy present, aiding and abetting.
Affidavit: 20 Dec 1859; by Henry White; charges Weldys disturbed peace of family by threatning {sic}, quarelling {sic}, etc.
Warrant: 20 Dec 1859; John and Fredrick Weldy; executed 20 Dec 1859 by William White, deputy constable.
Examination of witnesses: 20 Dec 1859 John WHITE sworn says: First they, John Weldy and Fred Weldy, came to {the} door. John Weldy said, "O, White, I want to stay all night," and no one answered and he, John Weldy said, "White, God damn your old soul come out here or I will pull you out," and my mah went and fastened the middle door and John Weldy spoke to her. I did not understand what he said and my mah told him he could not stay all night he then said,"To hell you damed old bitch for I am a hosse which wears Bollix," and then Fredrick Weldy said, "White, if you do not let us stay all night I will break your door open." At that time I opened the other door and I saw John and Fred Weldy walkin up towards the other door and Fred Weldy had the ax in his hand. John Weldy walked up to the door and said he wanted his supper. I told him he could not get it. He said he wold be damed if he didn't have it and my mother tried to heave the door to and at that time John Weldy said, "You god damed old Bitch I will knock you into hell," and at that time he knocked her down. And then Fred Weldy stepped in with the ax and said he would kill me before morning. I am a member of Henry White's family. This occurred in Mount Vernon Lawrence County Missouri on Saturday the 10th day of December 1859. John White; {his signature}
John Weldy states: that he was tight and does not know what he did.
Fedrick {sic} Weldy states he is not guilty of the charge. Fedrick Weldy, {his mark}
Bill of costs: includes $1.00 each to J. D. PALLETT and J. C. CLARK for guarding prisoners; and $1.50 to board prisoners 2 meals each and bed {recipient unnamed.}
Bond: ? Dec 1859; $100; John Weldy {his mark} with J. W. PAYNE, {his signature} as security.
Bond: ?? Dec 1859; $66.66 each; John Weldy and Fredrick W. Weldy, {their marks} with David H. LAMBERT {his mark} and H. C. HOWARD, {his signature} as securities.
Witness Recognizance: 20 Dec 1859; $50 each; John White, Henry White, Mary A. JORDAN, David Lambert and J. W. H. SPANN {their signatures.}
Transcript: 21 Dec 1859; by A. B. POINDEXTER, J.P.; upon affidavit of Henry White warrant issued 10 Dec 1859 for arrest of defendants the return shows arrest of John Weldy on 14 Dec and the justice being absent the said Weldy was taken before H. C. HOWARD a J. P. and said Weldy entered into recognizance; Said John Weldy appeared before me on the 19th and Frederick Weldy was arrested on the 19th and in consequence of a deficiency in affidavit and warrant a new affidavit and warrant was issued and said parties re-arrested on the 20th of said month. After hearing the evidence the justice considers that there is probable cause and they be held in recognizance for their appearance at next circuit court.
Subpoena: 6 Oct 1860; J. W. H. Spann, H. C. Howard and Alexander HARLOW for defense in Mo. vs John Weldy, executed 20 Oct, 1 Nov and 3 Nov respectively by S. E. ROBERTS, sheriff.
Indictment: 9 Nov 1860; true bill; George W. MESSICK, Grand Jury foreman; state witnesses Henry White, John White, Mary A. Jordan, J. W. H. Spann and D. H. Lambert; charges John and Fredrick Weldy on 10 Dec 1859 disturbed the peace of the family of Henry White by loud and unusual noise, etc; Joseph CRAVENS, circuit attorney.
Subpoena: 2 Apr 1861; James BIBB, Seth WHALEY and Wm. LAMBERT for state; executed to Bibb on 27 Apr and to Whaley and Lambert on 15 May 1861 by Thos. HASH, deputy sheriff.

244. State of Mo. vs Saml WINTER and James ANDERSON, Grand Larceny.
Affidavit: 23 Jan 1863; {document badly torn} Jesse WILLIAMSON appears before {illegible} and says that on or about 21 Jan 1863 that our mare and our small horse a guiding {sic} were felonously {sic}stolen and that he has reason to believe that Saml Winter and James Anderson are guilty of stealing of them; sworn and subscribed before George W. RINKER, County Clerk. James I. CHERRY sworn and says that he found two young in the possession of two hosses on 22 Jan 1863. They said they had stoled the hosses the night before in about two or two and one half miles of Mount Vernon {and} that he knows Mount Vernon to be in Lawrence County in the State of Missouri.
Verdict: undated; Mo vs Samuel Winter; find the defendant not guilty in manner and form as charged in the indictment; J. M. ESTES, foreman {his signature.}

245. State of Mo. vs Manning WARREN, selling liquor without license.
Indictment: 9 Dec 1858; true bill; Jonathan SMITH, Grand Jury foreman; state witness Harden W. ROSS; Wm. W. GAY, Circuit Clerk; at special adjourned session; charges Warren on 15 May 1858 sold less than one gallon without having dram shop keeper's license; A. T. HAUN, circuit attorney.
Capias: 10 Dec 1858; Manning Warren; executed 10 Mar 1859 by Thos. HASH, sheriff.
Bond: 10 Mar 1859; $100; Manning Warren with H. HALEY as security {their signatures.}
Subpoena: 12 May 1859; Harden Ross for state; executed 25 May 1859 by Thos. Hash, sheriff.
Attachment: 7 Dec 1859; Harden Ross to testify for state and answer charge of contempt; executed and bond taken in amount of $100 28 Dec 1859 by Thos. Hash, sheriff.
Bond: 28 Dec 1859; $100; Harden W. Ross with C. W. ROSS as security {their signatures.}

246. State of Mo. vs Henry WHITE, dealing with a slave.
Indictment: 10 Nov 1860; true bill; George W. MESSICK, Grand Jury foreman; state witnesses, James BURROW, Absalom STUBBLEFIELD and John M. BOBO; Joseph CRAVENS, circuit attorney; charges that on 10 Sep 1860 White did unlawfully deal with a slave whose name is to the jurors aforesaid unknown, said slave being the property of James Burrows to wit by buying five bushels of wheat from said slave without having the consent in writing of the said James Burrow the master of said slave to deal with said slave in the purchase of said wheat.
Capias: 28 Nov 1860; Henry White; executed 4 Mar 1861 by S. E. ROBERTS, sheriff.
Bond: 4 Mar 1861; $100; Henry White {his mark} with John M. Bobo and J. B. WORSHAM {their signatures} as securities.
Subpoena: 30 Apr 1861; James Burrows, Absalom Stubblefield and John M. Bobo for the state; executed to Burrows on 16 May, to Bobo on 13 May, Stubblefield not found in county by S. E. Roberts, sheriff.
Subpoena: 9 May 1861; Joseph W. HAYS; not found in county 1 Jun 1861 by S. E. Roberts, sheriff.

247. State of Mo. vs Daniel SLOAN, selling liquor without a license.
Information: 25 Jan 1869; John Q. PAGE circuit attorney makes information that on __ Nov 1868 Sloan sold intoxicating liquors to {illegible} JONES, Loran WRIGHT and L. L. FARLEY towit one half pint of whiskey of the value of fifty cents without having dram shop keepers license...
Capias: 26 Jan 1869; Daniel Sloan; executed 29 Jan 1869 by W. H. JOHNSON, deputy sheriff.
Bond: 29 Jan 1869; $300; Daniel Sloan with T. {H. or W.}KELTON? as security {their signatures;} by W. H. Johnson, deputy sheriff.
Information: undated; not filed; by John Q. Page charging Daniel Sloan sold liquor without license; William PRICE listed as witness.
Subpoena: 6 May 1869; William Price for state; executed 6 May 1869 by W. H. Johnson, deputy sheriff.

248. State of Mo. vs Daniel SLOAN, selling liquor without a license.
Information: 25 Jan 1869; John Q. PAGE circuit attorney gives information that Sloan on or about unspecified day Dec 1868 in the drug store of Daniel Sloan sold intoxicating liquors to {names Thomas JONES, Loran WRIGHT and L. L. FARLEY are marked out} towit one half pint whiskey of the value of fifty cents without having dram shop keeper or merchants license.
Capias: 26 Jan 1869; Daniel Sloan; executed 28 Jan 1869 by W. H. JOHNSON, deputy sheriff.
Bond: 28 Jan 1869; $300; Daniel Sloan with R. H. LANDRUM as security {their signatures.}
Information: 5 May 1869; {see information filed 25 Jan 1869 in this bundle.
Motion to quash: 6 May 1869; because there is no law authorizing the circuit attorney to prosecute by information; BRAY and MCCUNE for deft.

249. State of Mo. vs Marion ALBERT, grand larceny.
Information: 20 May 1862; Robert FIELD sworn says that on 19 May 1862 Marion Albert stole a mare the property of Robert Field value of $30.
Subpoena: 20 May 1862; P. E. HOBBS and Alexander FOX; executed 20 May 1862 by Caswell T. WEAR, deputy sheriff.
Subpoena: 20 May 1862; Lot HACKNEY for defense; executed 21 May 1862 by S. E. ROBERTS, sheriff.
Capias: 20 May 1862; Marion Albert; executed by Caswell T. Wear, deputy sheriff.
Testimony for the state: Robert Feilds {sic} sworn and says: On Sunday night 18th of May AD 1862 Marion Albert came to my house and stayed there until next morning and left in the direction of Mt Vernon. Then in the evening after he left my house I met the said Albert in about three hundred yards of the field in which my mare was running and going in that direction. Then in about two hours after I met the said Albert I went back after my mare and she was missing. I then went and applied to Catain {sic} W. W. HARGROVES for aid and he gave me three men to accompany me. We then went on to Eli ALBERT's and found the said Marion Albert in bed asleep. I then asked him if he had my mare and he said not. Then he pushed me with his hand and asked me what they would do with him if he gave me up the mare. I asked him where the mare was and he said that she was out there in the brush tied. Then two of the boys that went with me went to where the mare was tied and got her. Witness further states this took place in the County of Lawrence in the State of Missouri and that the prisoner is the said Marion Albert.
P. L. HOBBS sworn and says: On the evening of the 19th day of May 1862 I was detailed by Captain W. W. Hargroves to head a scout in search of a mare that was stolen from a man by the name of Fields and went on to a man by the name of Albert and hollowed him up and he asked us in. We asked him if there was a man there by the name of Marion Albert and he said there was and we asked him if he rode there and he said not as he knew of, that he did not get in until they were all in bed. We then called Marion Albert up. I then asked him if he rode there and he said he did not. I told him that he had a mare there belonging to the said Field and we was going to have it. I told him to put on his clothes and he put them on. We then started and went out of the house; and after we got out of the house he went up to Field and whispered something to him which I did not hear. I told him then I wanted him to go right straight and get the nag and we all went out of the lot around the house. I asked him where the mare was and he said out in the brush and said for us not to let the old man Albert know anything about his having the mare there for he would not have him to know it for twenty dollars. I told him then to go with me and get her, we then went and hunted around in the brush where they were very thick and did not find her. We then turned and went back where the other boys were. I and one of the boys got on our horses and went where the said Albert said he thought the mare was and found her. We then untied her and took her back up to the house where the other boys were. I asked him where the bridle was and he said the bridle and saddle was both down where we got the mare. {He further states} that the above occurred in Lawrence County Missouri, that the prisoner is the said Marion Albert. Signed, P. L. Hobbs.
Robert N. LAUDERDALE sworn and says: He was boarding with JEDIAH Field at the time the occurrence stated above took place. On the evening of the 19th of May 1862 I was in company with Lot Hackney and met the said Marion Albert between where the said Field lives and the town of Mount Vernon. He said he was going home and that he lived at Eli Alberts. R. N. Lauderdale {his mark.}
Alexander Fox sworn and says: That on last night he was sent with a detachment of men by Capt. Hargroves to hunt for stolen property which was taken from a man by the name of Field. The company went some distance to a house and found the man who had the mare and that they got the mare and brought the man back to the town of Mt. Vernon and says that the defendant is the person who had the mare. The defendant told me that he took the mare and intended to ride her home and back and that he lived in McDonald County. As we came to town with defendant I asked him where he took the mare out of the field and he pointed across to the north side of the field and said he took her out there and {he further states} that this occurred in the County of Lawrence in the State of Missouri. Alexander Fox, {his mark.}
Marion Albert the defendant in the above cause makes the following statement: that he did not consider that the mare belonged to the said Field any more than to himself. That the soldiers at Cassville took a mare from a man, I think his name is Mark TOMLIN. And the said Field got it and swapped it for the mare that was taken and further he saith not. Marion Albert, {his mark.}
Testimony for the defendant: Information of Lot Hackney, sworn says: when I came to examine the witness, he dont know anything.
Subpoena: 21 May 1862; Jediah FIELD and Jediah FIELD, Sr.; executed 21 May 1862 by Caswell T. WEAR, deputy sheriff.
Bond: 21 May 1862; $500; Marion Albert {his mark} with Charles MARSHALL {his signature} and George JOHNSON {his mark} as securities.
Witness recognizance: 21 May 1862; $50; Robert Field, P. E. Hobbs, Robert Lauderdale and Alexander HASSE?; signatures of T? L? Hobbs, Robert Filled?, R. N. Lauderdale; Alexander HOH {his mark.}
Transcript: undated; James CHERRY, justice of the County Court states Albert committed to jail until released by due course of law; bill of costs includes forty cents to A. J. DURNEL for boarding prisoner one day.

250. State of Mo. vs Isaiah BAKER, selling liquor without a license.
Capias: 1 Jan 1863; Isaiah Baker; executed 25 Mar 1863 by Henry CHILDRESS, sheriff.
Subpoena: 1 Jan 1863; George HALEY for state; executed 25 Mar 1863 by H. Childress, sheriff.

251. State of Mo. vs Alexander BROWN, felonious assault.
Indictment: 14 Nov 1860; true bill; George W. Messick, Grand Jury foreman; state witnesses Thomas HASH, Saml. E. ROBERTS and Andrew THOMAS; charges Brown assaulted Andrew Thomas with a large knife 10 Sep 1860; T. A. SHERWOOD, circuit attorney Pro Tem.
Capias: 28 Nov 1860; Alexander Brown; executed 28 May 1861 by S. E. Roberts, sheriff.
Bond: 28 May 1861; $500; Alexander Brown {his mark} with Eli G. PARIS {his signature}; approved by James CHERRY, Justice County Court.

252. State of Mo. vs Alexander BROWN, felonious assault.
Sheriff's report: 25 Sep 1860; by S. E. ROBERTS, signed S. E. Roberts, sheriff by Thos. HASH, deputy; states Brown assaulted Andrew THOMAS by cutting at his throat with a pocket knife; arrested and brought before J. W. RICHARDSON J. P. for Ozark Township.
Examination of the witness: Samuel E. Roberts states: Mr. Thomis and Mr Hash and myself all rode up to Mr Brown. Mr Brown said, "Jentlemen, light and come in. Mr Hash got down and told me to hold his horse and he went into the house, stayed in the house a few minits, and then came out and said to me & Mr Thomis that we might go on {with} him & Mr Brown would be on after a while. At that time he taken his horse {and} started to kick him. I then started & road some five or six steps. Mr Thomis had not yet started at that time. Mr Brown came out of the house & told me to git down and at that time asked me if that bisness could not be fixt up here as up there. I susposed he ment the attachment that NORFLEET had taken out against Mr Brown. I do not remember whether i maid any reply or not. By this time Mr Brown had come threw the yeard gait. Mr Brown asked Mr Thornis what he had come there for. Mr. Thomis'reply was for nothing. About that time Mr Brown took ... his knife out of his pocket & commenced working at his fingernale with his knife & said to Mr Thomis, "I suspose you are the man that swore out that attachment against me. If you did, you swore a lie." Mr. Thomis said he did not dowit. Mr Brown toled him if he did not dowit he was the cause of them dowing it. He ( Mr Thomas) said he was not the cause of it. Mr Brown then asked him what was the cause of them dowing it. Mr Thomas then replied he susposed they new ther bissness & that they wanted ther money. Mr Brown then spoke & asked Mr Thomis if he had let him out of the note that he was bound for him. Mr Thomis then said he susposed so, he dident no. Mr. Brown then said to Mr Thomis, "You have acted mean, sir." Mr Thomis then replied, "No meaner (than) you." At that time, Mr Brown stepped up to Mr Thomis and maid a stick at Mr Thomis' throat with his knife after (the) wards {words?} mean & meaner was past. There was some words past but i do {not} remember wat tha wear before the stick was maid with the knife. Mr Thomis then slid of his horse on the opisite side of his horse from Mr Brown & moved off some fore or five steps from his horse & stooped down with his hand rech out in a posision as tho he was going to pick up a rock, about half straten up. At that time, Mr Brown caut hold of him by the throat with his lef hand & his right arm over his back holding his knife in his hand. At that time, Mr Hash was a round at the right side of Mr Thomis & caut hold of Mr Thomis & at that time holered to part them & at that time Mr Hendrecks caut hold of Mr Brown & puled him away some five or six steps. Mr Brown maid no other attempt to cut Mr Thomis, as I seen, after the first stick he struck with the knife. Signed Samuel E. Roberts.
Thomis Hash states: Mr. Andrew Thomis and myself & Mr Roberts rode up to Mr Browns, the deft. I got down off my horse, went to the house where Mr Brown was. I asked him if he was gowing up to the trial that was going on. He remark{ed} that he wold go. I then went out to where Mr Roberts was holding my horse, told Mr Roberts & Mr Thornis that tha could go on & we woud come on as soon as Mr Brown got reddy. While I was in the act of kicking off my horse, I hered Mr Brown & Mr Thomis a talking. Mr Brown was talking to him, the said Thomis, in relation to an attachment suit that Mr Northfelat had instuted against him. The {illegible} of conversation i do not just relect. But (brown) semed to blame Mr Thomis with the instagation of the suit. He semed to think that Mr Thomis had bin a treating him badly. He then said to Thomis that he look{ed} on him as a Bad man, or words to that affect. Thomis replied to Mr Brown that {he} looked on him as a Bad {man} or words to that import. There was a word or to past between them and Mr Brown stept up to him & cut at the throat of Thomis with his knife. Thomis then slid off on the opiset side of the horse from Brown & moved of{f} about foure or five pases & stooped down, as I thought to pick up a rock. I could not tell whether he pick{ed} up the rock or not. About the time he got about half strait Mr Brown sprung on to him. Tha then engaged in a kind of a tusel. I then took hold of Mr Thomis. Mr HENDREXT was standing on the other side of Mr Brown. I holered, "Take hold of Brown." Mr. Henderx took hold of Brown & we separated them. I do not relock of seeing Mr Brown strick but the one lick with his knife. I did not notice that Brown struck at him any more in any way but it semed to be rather a tusel until tha wer seperted. Signed, Thos. Hash.
Bond: 26 Sep 1860; $300; Alexander Brown {his mark} with Washington SMITH {his signature} as security; taken by J. W. Richardson, J.P.
Transcript: filed Circuit Court 3 Oct 1860.

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