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Abstracts of Lawrence County, Mo., Circuit Court Documents, 1858-1869
copyright 1997, Judith Johnson Reustle; Internet edition Dec 2000
Bundles 253-281

253. State of Mo. vs John C. BILLS, felonious assault.
Peace Warrant: 12 June 1860; John C. Bills as principal with Gilbert SCHOOLING, William A. BILLS, John PHARIS, L. C. BOUCHER, A. J. PRIUTT and E. H. PRUITT as securities; "wherein John C. Bills stands bound to keep the peace towards the people of this state and expessially {sic}towards Jason LAMBERT..."; John J. SPILMAN, J.P.; signatures of all named in document.
Capias: 22 Jun 1860; John C, Bills, Neal? BILLS, John BILLS and Mary Lavina BILLS; executed by Enoch (illegible} and P. CHITWOOD, constable, 23 Jun 1860.
Subpoena: 23 Jun 1860; H. C. MAYHEW, Nathan SPILMAN, Boliver PHARIS, Nathaniel ATHERSON, Thomas TRAVILLION, Thomas CARY, J. E. COSTLY, David MARSHAL, John PHARIS, Lockey J. PHARIS, Mary A. Bills, Rhody A. BILLS, James BILLS, J. J. Spilman, Morah MCCORMICK to appear before S. WHALEY, J.P. in cause where John C. Bills is prosecutor and Jason Lambert is defendant; executed 25 Jun by Richard Chitwood, constable, and Henry T? LAMBERT.
Affidavit: 25 Jun 1860; Jason Lambert {his mark} says on 22 Jun 1860 Bills assaulted him with a pistol and Neal Bills was present, aiding and abetting.
Subpoena: 25 Jun 1860; William TONEY, William LAMBERT, D. H. LAMBERT, Sarah LAMBERT, Enoch MCCORMACK, James CHITWOOD, Anthony MYERS, and Teal BILLS and cause wherein State of Mo. and Jason Lambert are prosecutor and John C. Bills is defendant on the part of the prosecutor; executed 2? Jun 1860 by Henry L. Lambert.
Examination of witnesses by Seth Whaley, J.P.: Jason Lambert sworn and says: "I went down to the well to draw water and Mr Bills told me I should not drown {draw any?} and I told him I would draw water or stay there until night, said I should not and I put my bucket in the well and he taken it out. He stood then with two rocks in his hand with one drawn weighing about one and a half or two pound. He swore he would kill me with them rocks. He threw one at me and hit me on the back of the head. He threw the other at me and I dodged it. He pulled out his pistol and drew it at me and about the time he was ready to fire I dropped. When the pistol fired I dodged down and something hit me on the top of the head which I supposed to be shot. He run and jumped on me and called his son to kill me. He set his dog on me which bit me on the leg. The boy hit me several times on the head with rocks. I can't tell how many times the boy hit me. Once under the left eye. Mr Bills hit me across the nose with his pistol. This took place on the 22d day of June. It was in Lawrence County State of Missouri. Bills rented the place from David H. Lambert and we're both to have access to the well, that being the only well on the farm. My wife went to the well before I did and Bills would not let her draw water. She come to me when I was plowing and told me that Bills would not let her have water. I then went with her to the well. He took up my bucket and threw it at my wife's head and hit her with it and brought blood and then it was that the fight commenced with he and I. Cross examination: It was two and a half or three hours by sun. No violence was done to my wife on first visit to the well. When Bills come to the well he said that he had a load for me and intended to give it to me before I left there. The well is forty or fifty yards from Bills house. My house is something {illegible} on last course from Bills house and there is a crop fence between my house and Bills house. I plough up to a turning row between Bills and I. The well is on the inside the farm. I have to cross a fence to get to the well. The well is something like forty or fifty yards from Mr Bills' house. It is about two hundred yards from my house to the well. I draw water by hand with a small tin bucket. When I put the bucket in the well Bills pulled it out. He covered the well and stood on it. I took hold of the piece and pulled it out from under him and laid it down. I did not raise it in a threatening attitude. I did not swear that I would whip Bills if he put his finger on me. I said that if he hit me I would whip him if I could. I then sent my wife for old man Lambert to come down. He did not come down. My wife was not there when the fight commenced. When I pulled the cover off Bills did not offer to strike me. I did not strike my wife accidently with the bucket. My wife was about twelve or fifteen feet from the well. My wife was standing between the fence and the well. My jerking the rope was not the cause of my wife being struck. I did not jerk the rope with the intention of hurting Bills but to get it from him to draw water. Mr. Bills did not beg my wife's pardon when he struck her if he did I did not hear it. I do not know that he said anything at that time. The well cover is some over a foot wide. It is oak plank I think. I did not say when I picked the cover up I had a good mind to bust his head open. I don't know whether I bit his ear off or not. After he shot me and struck me with the pistol, he jumped on me and I threw him in the comer of the fence. After he shot me, I hit him with a rock. He them jumped on me. I threw the rock and hit him when I was something near blind. I recolect biting him some place, I don't know where at. I fell with my knee on him once. I bit off something. I threw Mr Bills over the fence. That was after one scuffle on the ground. It was after I was shot and struck with a rock. I was very near blind when I threw him. When I threw him over the fence I did not pick up anything to hit him. After I threw him over the fence I held on to him with one hand. I had him by the throat or neckline. When I got over the fence I did not pick up anything to hit him. I did not tell Mr Bills at the conclusion of the fight if he would not hit me I would behave myself thereafter. Mr Bills did not ask me to go out of his premises that I recolect of. We have not been on good terms for some time. I was bound in a bond to keep the peace with him. Jason Lambert, his mark.
Sarah Lambert sworn and says: I was present when a difficulty come up between Jason Lambert and J. C. Bills. I went to the well to draw water and went peacible. Mr Bills sent his daughter down to tell me to shut up the well and not draw any water. I went to the field where Jason Lambert was and told him and he said he would draw some water. He put the bucket in the well two or three times and Mr Bills took it out. He put the bucket in again and Bills took it out and threw it at my head and hit me on the head and drew blood. Bills had two rocks in his hand with one drawn and said 'I will kill you, sir.' I left then and went up to Mr Lambert's after my father. The well was on my father's place, the place that was rent{ed} by Lambert & Bills. I left Mr. Lambert's & met my husband Jason Lambert. He was bloody and had several wounds on his head and face. This was on last friday the 22nd Jun at the well on my father's farm in Lawrence County. Cross examination: I think Bills struck me on purpose to get Jason to hit him. He said he did not aim to hit me. My husband told me to go up and tell David Lambert to come down. Sarah Lambert, her signature.
Examination of J. C. Bills, 25 June 1860: The first thing I seen was Lambert's wife adrawing water. She diped three times and poured into a woden bucket and started caring it and went toward where Lambert was ploughing in the field. When Lambert's wife was drawing the bucket the second time I sent my daughter to request her to not draw water and she drew the third time and then started in the direction to where Lambert was ploughing in the orchard with the water. The next thing I seen amiss was Lambert and his wife returned to the well again. Lambert threw the lid off the well and commenced letting his bucket down in the well. I told him that there was not enough of water for myself and family and I forbid it; that he had no right to it and he refused to desist. I took hold of the rope and raised the bucket out of the well and bid him go a way. He continued trying to put the bucket in the well. As he continued I would take it out push it out of the way with my foot. After this he told his wife to go after old Davy and he would see that he got water. He also throwed up to me that I was a damed rogue and he could prove it and help myself if I could. At the same time he used very improper language; vulgarity too indecent to use before men folks let alone wimen and children and again repeted that I was a damed rougue and he could prove it. I told him I did not doubt but what he could prove it or anything else he wis{h}ed to prove. The next thing I recollect he threw a rock at me and missed and came near hitting my wife. As a natural consequence, I let fly with a rock at him and hit I suppose. I intended it to at least and he returned another one and hit a glancing lick on the back of the neck. In a short time then we run together and each one done the best he could for himself. He threw me in the corner of the fence in the scuffle. The next thing we rose to our feet by some means; I can't hardly tell how we did get up and by some means he threw me with my back across the fence and at that time he bit my ear off. He succeeded by some means to put me over the fence and at that time he got me by the throat and choked me. I succeeded in brakeing his hold loose and got up and as I rose from where I was he jumped over the fence stooped down and picked up two rocks in each hand. The rocks were .about the sise of a coffee pot and to save my self I run at him with my pistol in my hand and give him paddy over the head the best I could and after hitting him a few times he give up and beg me to quit. I hit with the pistol as though it had been a stick. After he beged I asked him if he would behave himself if I would quit and he said he would. He then asked me to let him have his bucket and hat. I told him he could have them and I got over the fence and picked them up and handed them to him. That ended the fight and each one went his own course. I forgot to state that before there was any throwing of rocks Lambert drew the well cover at me. The cover is about eighteen inches square as well as I can recollect, one inch thick oak plank made in the form of a bottom window shutter and further he saith not.
Examination of Mary Bills being duly sworn: I was at home last friday. I seen a part of a fight between Jason Lambert and my father, J. C. Bills. Jason Lambert threw the first rock that I seen thrown. He threw at my father. It did not hit him. It would weigh about two pounds. I think that was the commencement of the fight. Lambert said that he had come there for a fight and would beat hell out of father before he left. Father had not struck him before that time. He raised the well cover from the top of the well. He drew it in a striking attitude. I heard Lambert threaten to whip father one or two weeks before the fight. I seen the bucket thrown at Lambert's wife. Father went to take the bucket out of the well. Lambert held onto its rope. Lambert told him to let go or he would jerk him over the windlass. He jerked it from him and the bucket hit Mrs Lambert on the head. Father begged Mrs Lambert's pardon for striking her. He said it was an accident and he would not hurt her sooner than he would one of the children. Cross examination: I don't know what was done before Lambert threw the rock. Don't know whether father threw the first rock or not. Reexamination: I think Jason Lambert threw the first rock It was on last friday. Mary S Bills, her mark.
Examination of Neal S. Bills being duly sworn: I was at home the day of the fight. The first they commenced quarrelling, Lambert threw the first rock I seen thrown. He had two more in his hand. Lambert said father was a derned liar and derned sh-t ass. Father raised the bucket up and Jason jerked it from him and hit Mrs Lambert. He said he would jerk him over the well windlass. My father said to Mrs Lambert that he was sorry that the bucket had hit her. They run together then and Jason threw father in the corner of the fence. I noticed that father's ear was bit off when he started to the house. Before the fight commenced Lambert said he would mash father to hell. Lambert threw father over the fence. Cross examination: I did not see father shoot Lambert but heard the pistol. Reexamination: The report of the pistol was after the fight commenced. Neal S Bills, his mark.
Nathan Spillman being duly sworn says: I was present when Mr Lambert and Mr Bills made a contract concerning the renting of some land and did not here any reserve made of the well for any body. N. C. Spilman, his signature.
David H. Lambert being duly sworn says: The lands where Jason Lambert and J. C. Bills live belongs to me. I rented the land to them giving them both the privilege of useing the water from the well. David H. Lambert, his signature.
Reexamination by deft, Jas. Bibb being duly sworn says: {I} was present a part of the time when D. H. Lambert and J. C. Bills made contract for land and did not here any reserve made as to well. James Bibb, his signature.
Bond: 26 Jun 1860; $66.66 each; J. C. Bills with W. W. HARGROVE, N. C. Spilman, and Thomas ALLEN as securities {their signatures}; S. Whaley, J.P. and John J. Spilman, associate J. P.
Witness Recognizance: 26 June 1860; Jason Lambert and Sarah Lambert, his mark and her signature; $50.
Bill of costs: 26 June 1860; S. Whaley, J.P., and J. J. Spilman, Associate J. P.; includes witness fees paid to Jason Lambert, Sarah Lambert, William Jones, D. H. Lambert, Enock McCormack, James Chitwood, Anthony Myers, William Lambert, T Z? Travillion, Thomas Cary, Lockey? Pharis, John Pharis, Mary A. Bills, Rhoda A. Bills, James Bibb, John J. Spellman, H. C. Mayhew, Boliver Pharis, ? Akerson, ? C Spillman. Includes following costs: Aaron Winter $1.00 for boarding and lodging prisoner 2 days; T ? Travillion $.50 for guarding prisoner 1 night; Joshua Winters $2.00 for guarding prisoner 1 day and 2 nights; James Chitwood $.75 for boarding one guard and prisoner 1 night; L. B. Whaley $1.70 for writing evidence 1700 words; John J. Spillman $.70 for writing prisoners statement 700 words.
Bill of costs: 5 Nov 1860; John J. Spilman, J. P.; lists witness fees for D. H. Lambert, Wm. Lambert, John Pharis, Lackey Pharis, Jason Lambert and Nathaniel ATKERSON; Jason Lambert prosecutor.

254. State of Mo. vs John BURTON, gaming on Sunday.
Indictment: 14 Nov 1860; true bill; George W. MESSICK, Grand Jury foreman; state witness, Gilbert SCHOOLING; charges Henry WELCH and John Burton played cards on Sunday 5 Aug 1860; Joseph CRAVENS, Circuit Attorney.
Capias: 11 Mar 1861; John Burton for gaming on Sunday; Pleasant M. WEAR, Clerk; executed and bond taken 28 Mar 1861 by Thos. HASH, deputy, for S. E. ROBERTS, Sheriff.
Bond: 28 Mar 1861; John ? Burton with Gilbert Schooling as security, their signatures; $100.
Subpoena: 2 Apr 1861; Gilbert Schooling for the state for June term of circuit court; sheriff's return states, "I certify that I did not serve the within subpoena the Judge Refused to hold court for said June term 1861, S. E. Roberts Sheriff by Thos. Hash, deputy sheriff.

255. State of Mo. vs Ephraim DAVIS, selling liquor without a license.
Indictment: filed 1 Jan 1863; true bill; John L. HOLT, Grand Jury foreman; witness, Bennett WELLMAN; P. M. WEAR, clerk; B. L. HENDRICK, Circuit Attorney Pro Tem; charges Ephraim Davis on 1 Sep 1862 sold quart liquor to Bennett Wellman without license.
Capias: 22 Apr 1863; Ephraim Davis; executed and bond taken 26 Apr 1865 by A. P. GIBSON, sheriff.
Bond: 27 Apr 1865; Ephraim Davis {his mark} with C. D. LANIER and F. M. WHITE {their signatures} as securities; $100.

256. State of Mo. vs Solomon CARMAN, gaming.
Bundle marked Nolle as to PENNINGTON.
Indictment: filed 12 Nov 1860; true bill; George W. MESSICK, Grand Jury foreman; state witnesses Wm. ANDERSON, {Wm RILEY, name crossed off}; charges William ELKINS, William Pennington and Solomon Carmen on 10 Oct 1860 bet $3 on cards; Joseph CRAVENS, Circuit Attorney.
Capias: 28 Nov 1860; William Pennington; execution dated 10 Jan 1861 and bond taken same day by S. E. ROBERTS, sheriff.
Capias: 28 Nov 1860; William Elkins; execution and bond taken by Thos. HASH, deputy., on 7 Feb 1861, J. H. LEBOW and ? WASSEN as security.
Capias: 28 Nov 1860; Soloman Carman; execution and bond taken 24 Dec 1860 by S. E. Roberts, sheriff.
Bond: 24 Dec 1860; Soloman Carmon {his signature} with John A. SIMPSON {his mark}; $100; back of document reads, "I Samuel E Roberts, sheriff of said county do certify that the principal in this bond Soleman Carmon was delivered up to me by the security John Simpson on the 6th day of April A D 1861 and there upon the said Solemen Carmon did enter into a New Bond before me on this 6th day of April AD 1861 with Jonathan L. FARE security, S. E. Roberts, sheriff by Thos. Hash, deputy."
Bond: 11 Jan 1861; William Pennington with Timothy PENNINGTON as security {their signatures;} $100.
Bond: 7 Feb 1861; William Elkins with J. H. Lebow and L. Wassen as securities {their signatures;} $100.
Subpoena: 2 Apr 1861; William Anderson for state in State vs William Elkins; Pleasant M. Wear, clerk; executed 3 Apr 1861 by Thos. Hash, deputy, for S. E. Roberts, sheriff.
Bond: 6 Apr 1861; Solomon Carmon with J. F. FARE as security {their signatures;} $100.

257. State of Mo. vs Jonathan COX, riot.
Capias: 22 May 1862; Jonathan Cox; execution 29 Jul 1862 by William ANDERSON, deputy; bond given to judge same day and released.

258. State of Mo. vs John CARDEN, murder. {from Stone County}
Transcript: "Came to hand sealed up and opened and filed by me this 27th day of May 1858, Wm. W. GAY, Clerk." John R. CHENAULT, judge; Andrew T. HAUN, Circuit Attorney; James A. JOHNSON, sheriff; and Francis M. KING, clerk. 28 Sep 1857 grand juror panel Stone County: Charles C. HARRIS (1) who was by the court appointed foreman John C. CLARKE (2) Elijah WOOLEY (3) David LEWARD (4) J. W. MCLENLLOH? (5) John BENHAM (6) John H. MOORE (7) John COX (8) James HEMPHILL (9) Bouling BAKER (10) George W. KING (11) Leonidus SHANNON (12) James BIRD (13) Zachariah HENSON? (14) and John W. HILTON (15). Indictment reads, "John CARTER late of said county not haveing the fear of God before his eyes but being moved and seduced by the instigation of the Devil here to fore to wit on the 22d day of June A D 1857 at the County of Stone and State of Missouri with force and arms did then and there in and upon the body of one Celine {CASLER or CARTER?} ... make an assault with a certain pistol of the value of five dollars ... in and upon the left thigh of him the said Celine Carter? about five inches above the left knee ... one mortal wound of the depth of six inches and breadth of one inch ... languish and languishing ... on which said 26th day of June in the year aforesaid ... died..." The transcript further states that "on the back of which said Indictment are the following endorsements to wit-- Indictment No 4, State of Missouri vs John {CARDEN, CARTER, CADER?} Murder. This is a true bill C. C. Harris foreman of the Grand Jury. State Witnesses James MOORE, F. B. WOOLLEY, James MELTON, John JACKSON, Enos BAKER, Oscar ROGERS, Filed this the 30th of Sept 1857, F. M. King Clerk." Transcript describes capias dated 17 Nov 1857 to Barry County which was executed by W? G. PEERY? sheriff, Jas. W. MEADOWS? deputy of Barry County by arresting and delivering prisoner to sheriff of Stone County. Application for change of venue, John Carter {his mark}, 23 Mar 1858. Bond, 23 Mar 1858, John Carter? with Jeremiah KELLY, John BOMANA?, Charles C. HARIS, Henry DEARER, Leroy WILSON, Lewis SMITH and John H. MOORE as securities, $1500.

259. State of Mo. vs Edward ENSIGN, larceny.
Information: 25 Jan 1860; A. B. POINDEXTER, J.P.; Benjamin MATTHEWS states that on or about the 24th day of January A D 1860 one Edward Ensign ... took ... a certain riding Bridle..." Bridle was described as having silver plated bit and buckles, and reins and martingales were black leather.
Warrant: 25 Jan 1860; Edward Ensign; executed same day; Z? WARREN, constable, by H ? WHITE, deputy constable.
Examination of Witnesses: Benjamin Matthews being duly sworn testifies as follows: I knew the bridle was missing. It was missing the 24th or 25th of this month. It was ordinarily kept in the house, but was left in father's stable over night. It was missing the next morning afterwards. I think the bridle I refer to was worth Ten or Twelve dollars. The bridle {illegible} to me. When I found the bridle was missing I searched for it but did not find it. I searched in the stable and stable loft, among the hay and at the house (father's house where I reside.) On the day I found my bridle was missing I sent Will, my brother, after Burden's stage. I thought this man Ensign had stolen the bridle. On the next after the bridle was missing, got out a warrant for the arrest of Ensign. The foregoing facts occurred at the County of Lawrence and State of Missouri. This bridle was a riding bridle The reins of this bridle were wound black leather with silver plated bitts, buckles of the same material. There were four white horn rings on the bridle, two on the martingales and two on the headstall of the bridle. The rings produced before the court I think are the rings that belonged to the bridle I speak of. The halter rein I am certain belonged to that bridle. Benjamin Matthews, his signature.
A. J. BURDEN being duly sworn testifies as follows: On Tuesday last Wm. MATTHEWS came down to Sarcoxie and said there was a bridle stolen or gone from Mr. Matthews barn and said that Benjamin Matthews accused Mr. Ensign of having stolen the bridle. He also requested me to search Ensign's tool sack. Immediately after Ensign arrived at Sarcoxie on the stage I searched Ensign's tool sack. The bridle was not in it then. After, Ensign went to the stage on which that sack was at the time and moved it to the little coach. Mr. Ensign then went down into town. Mr. Benjamin? then went to Ensign's tool sack. Mr. Benjamin then got up on the tongue of the coach and drew something out of the tool sack that looked like a bridle. Mr. Bayman? then said it was Mr. Matthew's bridle. Mr. Bayman? put the bridle back in the tool-sack. Ensign the prisoner told me day before yesterday that he found the bridle in the stage and took it down to Murphy's barn and hid it in the hay. I did not see the bridle in the hay. I did not see the bridle I refer to {illegible} but saw enough of it to see that it was a fancy trimmed bridle. A. J. Burden, his signature.
James A. BENHAM being duly sworn testifies as follows: On Tuesday morning last Mr. Matthews got to Sarcoxie before the stage did and told there was a bridle missing from Mr. Matthews stable, supposed to be taken that morning by the stage driver. Mr. Ensign was present. Mr. Matthews requested me to make a search for it, the bridle, when the stage got there. I done so. I found the bridle in the sack where Mr. Ensign (the prisoner) carries his curry comb & C. This bridle was of black leather wound reins except where you hold the rein, which was of flat leather. The last mentioned part of the bridle is of a purple color and quilted. I had seen this bridle several times before. It belonged to Ben Matthew's wife. The rings and the halter produced before the court I think are the ones that belonged to that bridle. There were six rings on this bridle {several words not legible.} I am satisfied that the bridle I saw in Ensign's tool sack was Ben Matthew's bridle. James BONHAM, his mark.
Examination of Edward Ensign: I have nothing to say to the charge except that I took the bridle. The rings and halter rein produced before the court are {two illegible words} that belonged to the bridle refered to. I {illegible} the balance of the bridle {illegible} the mud in the alley by Mr. MURPHY's stable, and further he saith not.
Bill of costs include payments to Constable White of Lawrence County, Constable BUTTS in Sarcoxie, and mileage fees to witnesses A. J. Burden and J. A. Benham of Sarcoxie. Bail set at $300.
Habeas Corpus: 17 Feb 1860; Edward Ensign; John R. Chenault, Circuit Judge 13th Dist, MO; to sheriff of Jasper County; "have before me ... at the court house in the Town of Mt Vernon in the County of Lawrence on 2 Mar 1860." Execution reads, "said Ensign imprisoned in the jail of Jasper County on account of their being no jail in Lawrence County and the said Ensign was therefore committed to the jail of Jasper County on a charge of Grand Larceny committed by the said Ensign in said County of Lawrence;" N. C. HOOD, sheriff, Jasper County, by D. C. HOOD, deputy sheriff.
Bill of costs from Jasper Co jailer: Total $34.05 includes 33 days boarding prisoner.
Notice of special term: John R. Chenault, Judge, to Circuit Clerk, Lawrence County, notice of special term to be held 2 Mar 1860; "having been informed by Thomas HEASH sheriff and jailor of said County of Lawrence that Edward Ensign is confined in jail on a charge of Grand Larceny committed in said County of Lawrence."
Warrant of Commitment: Whereas Edward Ensign was arrested upon a warrant issued by A. B. Poindexter a justice of the peace within and for the County of Lawrence ... a certain Riding Bridle of the value of Ten dollars ... which said warrant has date January 27th, 1860 ... and whereas, there is at the present time no jail in my said county of Lawrence in which to place and confine the body of him the said Edward Ensign ... given under my hand this 30th day of January AD 1860;" Thos. Hash, sheriff, by Ralph ELKINS, deputy. Date of offence listed as on or about 24 Jan 1860. Amount of Bail required, $300.00.
Indictment: Filed 2 Mar 1860; Edward Ensign; Joseph CRAVENS, Circuit Attorney; true bill; John B. GULLICK, Grand Jury foreman; state witnesses Bery MATTHEWS, A. J. Burden, James Bennin?; Benjamin Matthews, prosecutor; states Ensign on 24 Jan 1860 took a bridle of the value of eight dollars the property of Benjamin Matthews.
Subpoena: 2 Mar 1860; David Hood and M. M. JAMES for defense; executed same day by Jos. P. PORTER and sworn to P. M. WEAR, clerk.

260. State of Mo. vs Thoe FINLEY/FINLY, larceny.
Bond: 11 Jan 1859; Theodore D Finly with Monterville E. HUFF, Tipton T. HUFF and William H. FINLEY as securities {their signatures;} $250; for appearance at February term of court, Lawrence County, to answer any indictment that may be preferred against him for Grand or petty Larceny.

261. State of Mo. vs Thomas FRAWLEY, felonious assault.
Affidavit: 15 Sep 1860; Lafayette M. JOHNSON states that Frawley feloniously assaulted William CARMAN ... ; Johnson, his mark; sworn before H. C. HOWARD, J.P., his signature.
Warrant: 15 Sep 1860; Thomas Frawley; executed 16 Sep by Thomas HASH, deputy, for S. E. ROBERTS, sheriff.
Subpoena: 17 Sep 1860; L. M. Johnson, Gabrel STUBBLEFIELD and Joseph ESTES for plaintiff; executed same day to Johnson and Estes by W. M. WATTERSON, Constable.
Subpoena: 17 Sep 1860; Jasper CLUNE?, N. A. MORGAN, William TRIPP, Jesse HILL and James OVERSTREET for plaintiff; executed to all 17 Sep.
Subpoena: 17 Sep 1860; Alexander HARLOW for defense; executed to Harlow same day by Wm. ELKINS; John STEPHENS nonest per Elkins.
Subpoena: 18 Sep 1860; N. B. HOCKER for plaintiff; executed to Hocker same day.
Subpoena: 18 Sep 1860; P. OVERSTREAT and John L. SPEAR for plaintiff; executed same day to Overstreet and Spears.
Subpoena: 18 Sep 1860; John S. Spear for defense; executed same day.
Subpoena: 18 Sep 1860; D. S. CLARK and J. S. POINDEXTER for defense; executed same day.
Subpoena: 18 Sep 1860; B. A. STEPHENS for plaintiff; executed same day.
Subpoena: 19 Sep 1860; T. W. KELTON for plaintiff; executed same day.
Subpoena: 19 Sep 1860; B. F. HOWARD for defense; nonest.
Examination of Witnesses: L. M. Johnson sworn says: I had started home and Thos. Frawley started with us. Mr Harlow asked Mr. Carman for some money. Mr Carman told him he did not have it at that time that he would make it all right at some other time. Mr. Frawley wanted him, Carman, to pay it then. They, Mr. Carman and Mr. Frawley, commenced disputing about it. Then Mr. Frawley pushed Mr. Carman and told him he had a notion to knock his teeth down his throat. Then Mr. Carman struck Mr. Frawley. Then they fought until they were parted and after they were parted Mr. Frawley jumped on him again or struck him. They fought until they were parted again. Then each picked up a rock. The next I saw, Frawley picked up the stick and struck Carman with it. Mr. Carman fell dead appearantly. Mr. Frawley then drew the stick again and some person caught the stick. Mr. Frawley picked up the first rock and at that time they, Frawley and Carman, were four or five steps apart and after Frawley picked up the stick he advanced on Carman and struck him and Carman, at the time he was struck, offered no resistance. In and about that time the stick was taken from Frawley he, Frawley, said he expected he had killed him, Carman, and that if he had he was glad of it for he was no acount for he had been told he had been here a whole week adrinking and if it was to do over he would do it again. I do not think it was a minute from the time of the striking with the stick until this language was used by Frawley. The stick was a large stick that Frawley struck Carman with. A piece I suppose split out for a wagon spoke, about three feet or three and a half long. I suppose the stick 1 1/2 thick by 2 1/2 width. Frawley in the fight prior to striking with the stick was at the bottom. I and some person then parted them and the next fight they were down and Frawley at the bottom again and John Stephens and I parted them then and after they were parted the second time Carman stepped back from where they fought. This was in Lawrence County and State of Missouri on the 15 of Sept 1860. Cross examination: The difficulty occurred about a splice between Carman and Mr. Harlow about a quart of whiskey. Mr. Harlow wanted Mr. Carman to pay his part. I think from the beginning of the fight until the end of the difficulty was some ten or fifteen minutes. Mr. Frawley went back from Mr. Howard's Grocery to try to get the boys to come on to all go home, so he Frawley said at the time. It was not as much as a minute after they were parted the last time until Frawley struck Carman with the stick. The rock was out of Carman's hand at the time Frawley struck Carman with the stick. I could see them all the time from the time the stick was picked up until Frawley struck Carman with the stick. Frawley came up before Carman, facing him, and no person were between them. Frawley pushed Carman back then Carman struck Frawley with his fist. I do not think he knocked him down but they clinched and got down, Frawley at the bottom. I suppose Mr Carman would weigh about 175 or 180 lbs and I suppose Mr Frawley would weigh about 145 or 150 lbs. I never knew of any difficulty between Carman and Frawley before this. I think they, Carman and Frawley, were both drinking to an excess. Carman a little the most. Reexamination: When Frawley struck Carman with the stick he used it with both hands. Lafayett M. Johnson, his mark.
B. A. Stephens being sworn says: On last saturday evening September the '15th 1860 I was standing in front of Mr Warren and Mr Lebow's Grocerys and some men had been pitching horse shoes down at Mr Stubblefield's grocery. A little after sundown I saw Mr Carman and Mr Frawley quarreling. It was not long after until Mr Carman struck Frawley with his fists and then they clinched and when they fell Frawley fell on top and Carman turned him in a few minutes. Frawley howed enough and they parted them. They then had another fight. Frawley hollowed again and they parted them. When Carman got up he started off. Frawley then struck him with stick. When Frawley struck Carman he pitched forward on his face and I then went on down there. Then when I got there Doctor SPANN was there feeling Carman's head. I do not know whether he had anything in his hand. I did not see him offer any resistance. I suppose the stick was some 2 1/2 or 3 feet long, some 2 1/2 inches wide. After Mr Frawley was arrested he stepped up to where Mr Carman was lying and said he was Damned glad it was done and then said if it was to do over again he could do it a damned sight quicker. It was not over 100 or 125 yds from where I was standing to where the fight occurred this took place in Lawrence County Missouri. Crossexamination: There was considerable of a crowd around and I could not see the combattants very distinctly. I heard them hollowing hurraw for Carman. Mr Carman struck Frawley first. I have known Mr. Carman some 4 years. Boone A Stephens, his signature.
William TRIPP being sworn says: I would think it was between sundown and dark on last saturday the 15th day of Sep 1860, 1 came up when the fight was about to occur. I set on my horse. I saw Mr. Carman and Mr Frawley lock. I saw Mr. Frawley push Mr Carman back. Said Mr. Carman, 'I will hurt you presently,' and Mr. Frawley pushed on Carman and he struck him or struck at him then they engaged in the fight. Mr. Frawley hollowed enough or take him off or something to that effect. They took him off. He pitched on to Carman again. Carman then whiped him, Frawley, again. Then as soon as they were parted he, Frawley, struck Carman with what I supposed to be an unshaved spoke. I supposed Carman dead after the time he was struck. Frawley advanced upon Carman to strike him. I think he, Frawley, held the stick in both hands to strike Carman. I think Mr. Carman stooped down as if to pick up something but I do not know whether he picked up any thing or not. Probably he might have had something. I do not know. Whilst I was in the act of arresting him, Frawley, I told him he had killed him Carman. 'If I have killed I am glad of it was his reply. I arrested him in capacity of a citizen not as an officer. Cross examination: I do not recolect of any person touching Carman but the accused Frawley after they were parted the second time. I was near the middle of the street and there was considerable of a crowd around them. I would not swear point blank to any of it. This occurred in Lawrence County Missouri. Wm. Tripp, his signature.
Jesse HILL being sworn says: At the time the fight commenced I was down at home. I heard some person hollowing up where the fight occured, 'Hurrah for Boots.' Hearing them hollowing, I run up there. When I got up there they were parted. Carman went off to the left of me and Frawley took up two rocks in his hand. Carman stooped down and picked up a piece of a brick. Carman spoke and said if Frawley came any closer he would hurt him. The next thing I noticed they had thrown down their rocks and Brick bats. Carman was stepping up towards the grocery door. Frawley run nearly down to Mr Carman and picked up a piece of wood and struck him Carman with it. When he struck him with it Carman fell. Before he could make the next lick I caught him. I throwed him or got him around by some means so he {could} not strike him. I called to some of them to help me not let him kill him. A. Harlow run in and caught the stick then. We got the stick away from him and let him go. Carman offered no resistance when he was struck. I do not think Mr Carman had anything in his hand at the time he was struck. I should suppose the stick that Frawley struck Carman with was between 3 and 4 inches wide between 3 and 3-1/2 feet long and not far from 2 inches thick. After Carman was knocked down Frawley made use of the observation that he was not sorry for what he had done or something to that effect. I think that he said if it was to do he would do it over again. I think from the place where they were parted to where Carman was struck with the stick it was between 15 and 20 feet. I saw the gash that was cut in his head. It was on the right side. This occured on saturday last the 15th day of Sep 1860. Cross examination: I do not know how they got shut of the rocks but I reckon they just throwed them down. I was not more than 25 feet I think from the parties when Frawley picked up the two rocks and Carman the Brick Bat. I think at the time they picked up the rocks and brick bat I was looking at them and at the time they got shut of them I was not looking at them. I think the largest rock picked up by Frawley was something near as large as any fist, the other was smaller. I think the brick Carman had was between a half and two-thirds of a brick. I heard a hollowing 'Hurraw for Boots' that induced me to go up there. I caught hold of Frawley to keep him from killing him Carman. I think Frawley was making an attempt to strike Carman the second time when I caught him. I think the stick that Frawley struck Carman with he, Frawley, picked up out of the little gully that runs along before Mr. Stubblefield's grocery door and I think from the place where the fight occurred to the place where Carman was struck with the stick was some 15 or 20 feet. J. J. Hill, his signature.
Nathan A Morgan being sworn says: I saw the Fight between Wm. Carman and Thomas Frawley. It occured on the 15th day of Sep 1860. Frawley was going to whip Carman whether or not, and Carmon give back a little and Frawley came up on him Carman and shoved him. Then Carman sorta straitened himself and they clinched and Carman throwed him and whiped him and they were parted. Soon as Frawley got up he pitched at him, Carman, again and Carman whiped him again. Some of the boys parted them again and Carman told him, Frawley, not to come at him with that. The next thing I knew he, Carman, was knocked down and then he, Frawley, drawed the stick to hit him a second lick and Mr. Hill caught him or I think it was Mr. Hill .... I hollowed for Carman a time or two myself ... Nathan A. Morgan, his mark.
John S. Spear being sworn says: On saturday evening last the 15th of Sep 1860 I heard a row commence on the street. I got up and went to the window and I saw 2 men fighting and I heard several hollowing for Boots. I turned and went out of the house and went round the corner of Mr. Durnel's Blacksmith shop where I could see where they had been fighting again .... I walked a tolerable quick step until I got where Mr. Carman was lying on the ground. When I got to Mr. Carman, he had not yet moved. He was breathing verry fast and appearantly verry hard. I squatted down right at his head and he was bleeding verry much. I called on some one to go after the Doctor. The second time I think Mr. Estes was by. He stepped off a few steps and called Doctor Spann from his Drug Store. I did not see Mr. Carman put the rock he had in his hand down nor I did not see anyone take it out of his hand .... The parties were then something like 20 feet northwest of Mr. Stubblefield's grocery door. My house is North from Mr. Stubblefields grocery. There is two houses, Mr. Durnell's Blacksmiths shop, and Mr. Bobo's Shop between Stubblefield's grocery and my house .... I had not been drinking on that day. J. S. Spear, his signature.
N. B. Hocker being sworn says: {I} saw the wound inflicted on Mr. Carman. It is about 3 inches long on the right side of the head and the lower portion of the skul bone a little depresed . I consider it a dangerous wound such as one as might likely produce death ... I do not consider him, Carman, out of danger at this time the 19th Sep. N. B. Hocker, his signature. Crossexamination: I am a practicing physician in Lawrence County. I am not Coroner of Lawrence County Missouri.
Statement of the defendant: He, Carman, struck me and threw me down and gouged my left eye and we were pulled apart and he took a rock or brick bat don't know which. He said he intended to hurt me. When he said that he had then hurt me a little at the time. I then got a piece of wood. I dont know {what} kind it was. I then struck him with it. I did not intend to hurt him as bad as he was hurt and further he sayeth not. Thomas Frawley, his mark.
Bond: 19 Sep 1860; $500; Thomas Frawley {his mark} with A. B. Poindexter and David S. Clark {their signatures} as security.
Witness recognizance: 19 Sep 1860; $50 each; L. M. Johnson, Wm. Tripp, Jesse Hill and N. A. Morgan {their signatures.}
Subpoena: 30 Oct 1860; Christopher C. CLARK, William ORR, John STEPHENS and Alexander HARLOW; executed to Clark on 3 Nov, Harlow and Orr on 1 Nov, Stephens nonest 3 Nov; by Hash, deputy, for Roberts, sheriff.
Subpoena: 31 Oct 1860; Benjamin Howard and Randolph HENSON for defense for Nov term; executed 6 Nov 1860 by Hash, deputy, for Roberts, sheriff.
Indictment: 9 Nov 1860; true bill; George W. MESSICK, Grand Jury foreman; state witnesses Lafayette Johnson, Jesse Hill and L. W. H. SPANN; P. M. WEAR, clerk; Joseph CRAVENS, Circuit Attorney; charges Frawley on 20 Aug 1860 assaulted William Carman with a stick ... divers blows in and upon the head...
Subpoena: 29 Apr 1862; Alexander Harlow and Benjamin Howard for defense for May term; executed to Harlow 7 May 1862, Benjamin Howard non est 8 May 1862 by H. J. COOPER, deputy, Roberts, sheriff.

262. State of Mo. vs James M. GAY, threatening to do mischief to Wm. HAGERTY.
Affidavit: 13 Feb 1860; William HEAGARTY states that on 3 Jan 1860 Gay sent and delivered a certain writing without any name subscribed threatning to do some injury to person and property of Heagarty.
Capias: 14 Feb 1860; James M. Gay; executed by T. Warren, constable, on 16 Feb 1860.
Testimony: William Heagerty sworn and says: About the 3rd day of January last I was away from home on that day. I came home and mother and family said this notice here in court had been set up on the gate post by Mr. Gay. The notice was put up on the 3rd day and was dated on the 4th day. About the 4th or 5th day of the month I saw Mr Gay comeing down the road. I was determined to know something about this letter. I went out and asked him to stop to tell me something about it. He refused to do it and said he reconed I would find out time enough. I then just pased on. There has been an injury done to my property since but I cannot say it was Mr Gay from sight. On last Saturday my two horse hack was run off some 200 yds from the house and the hind Bolster was nearly sawed in two and the spokes mostly cut in two and one sawed in two and the forward aseettre? nearly sawed in two. This was in the State of Missouri and in Lawrence County. William Hegarty, his mark.
James Hegarty being sworn says: I was at the house of my aunt where Wm. Hegarty lives. I saw Mr Gay come riding up to the gate. He got down and came in on the inside next to the house and stuck up this advertisement on the inside of the gate post next to the house and then started away. My aunt asked me then to go out and see what it was he put up there. I went out and read it. About the time I got done reading it my aunt come out and asked me to read it to her. I read it for her and told her there was no name signed to it. She then tore it down and carried it in the house. She asked me if I knew the hand write. I told her I did not. She told me then to examine it particularly so that I would know it again if I was to see it. I done so. According to my judgement this is the same instrument of writing. This took place in Lawrence County Missouri and further says I know the buggy was cut up. It was principally cut with an axe. I found in the hind Bolster the marks of four gaps in the axe. I measured the width of the gaps and the distance from one gap to the other. I found an axe at Mr Gay's that the gaps and distance between just fit the measure. This was on Monday after the buggy was cut up. James HEAGERTY, his signature.
Newton ERWIN sworn and says: he saw Mr Gay ride up to the gate post. But I cannot read writing but from the size and appearance to the best of my knowledg I believe this to be the same instrument of writing. Mr Heagarty took down the paper from the gate post in the presence of James Heagarty and myself. Newton Erwin, his mark.
Alexander McKenzie being sworn says: Mr Gay said before the advertisement was set up there was to be one set up notifying him, Wm. Heagarty, to take care of his wife and child or leave the country or things might go worse with him or something so. Cross Examination: I did not see Mr Gay set up the said paper or know of his sending or delivering said paper to Wm Heagarty. A. MCKIENZIE, his signature.
Prisoner's statement: I, James M. Gay, deny that I sent or delivered to William Hagerty a letter threatening to do some injury to the person or property of the said William Hagerty as I am charged to have done in the warrant by virtue of which I have been arrested and am now detained. James M. Gay, his signature.
Evidence attached: Note written on page of legal tablet, blue lines; Mr William Hagerty this is to notify you that if you do not go and take care of your wife and child or leave the country within 36 hours the time to comence at 6 oclock tomorrow morning or things may not be so well with you this 4th day of January 1860.
Commitment: 17 Feb 1860; A. B. POINDEXTER, J.P., to Timothy WARREN, constable of MOUNT VERNON TOWNSHIP "to deliver into the custody of the keeper of the jail of Lawrence County the body of James M. Gay..."; bail required $500.
Transcript: 17 Feb 1860; A. B. Poindexter, J.P.; bill of costs includes $4 to R. HALEY for boarding prisoner and guard; testimony taken 16 and 17 Feb; "The Judgement of the Justice founded on the 22nd section of the second article of the statute second vol under the head of practice in criminal cases is that there has been an offence committed and that there is probable cause..."
Commitment: 18 {Feb} 1860; Thos. HASH, sheriff, to Norris Hood, sheriff; delivery of prisoner to JASPER COUNTY "there being no jail in my said County of Lawrence." Prisoner delivered to Hash by Timothy Warren, constable in Mt. Vernon Twsp., A. B. Poindexter, J.P.
Sheriff's fees: undated; includes 2 days and 64 miles to transport prisoner to Jasper County jail for officer and guard.
Notice of Special Term: 20 Feb 1860; John R. Chenault, Judge, to Circuit Clerk, term called to commence 2 Mar 1860 for the trial of James M. Gay accused of knowingly delivering a writing without any name subscribed thereto to William Heagerty threatening to do some injury to the person and property of the said Heagerty.
Writ of Habeaus Corpus: 20 Feb 1860; John R. CHENAULT, Circuit Judge; to Jasper County for prisoner to be presented in Lawrence County on 2 Mar 1860.
Sheriff's fees: undated; from Norris C. HOOD, Sheriff, Jasper County; 13 days boarding prisoner and travel to and from court in Lawrence County.
Bill of costs from Jasper County Jailer: filed 2 Mar 1860; includes charge for boarding prisoner 13 days.
Subpoena: 27 Jul 1860; Geo. W. MESSICK, Charles ROSS, Alexander MCKINZIE, Umphrey ROBINSON, Newton IRWIN?, Paul PIGG, Asa MCGEHEE and John GULLETT; executed to Ross and McKenzie on 28 Jul, Robinson and Irwin on 29 Jul, McGehee and Gullett on 1 Mar 1860; Messick and Pigg not in county 2 Mar 1860; Ralph ELKINS, deputy; Thos. Hash, sheriff.

263. State of Mo. vs Geo. N. HOLDEN, grand larceny.
Warrant: 20 Feb 1864; George N. Holden; P. M. WEAR, circuit clerk; executed by Henry CHILDRESS, sheriff; "there being no jail in Lawrence County I committed the said Holden to the jail of GREEN COUNTY on 24 Feb 1864.
Subpoena: 24 Feb 1864; R. M. LYON, Gilbert SCHOOLING, W. E. BIDDLECOME; executed to Schooling and Biddlecom 1 Apr 1864 by William MULLINS, deputy sheriff; R. M. Lyon not in county 5 May 1864.

264. State of Mo. vs James GAY, felonious assault.
Indictment: 11 Aug 1858; Wm. W. GAY, clerk; J. D. ALLEN, deputy clerk; A. T. HAUN, Circuit Attorney; true bill; Samuel STONE, Grand Jury foreman; state witnesses, John H. LATHAM, William HEGERTY, John CLUCK, Jonathan SMITH, Livi MATTHEWS; charges James Gay on 25 Jul 1858 with force and arms did then and there unlawfully and feloniously make an assault on Thomas H. B. MATTHEWS.
Capias: 11 Aug 1858; James Gay; executed 12 Aug 1858 and recognizance taken with Lemuel WHALEY and Russel B. NICHOLAS as securities.
Subpoena: 12 Aug 1858; John Cluck, Thomas GILLOCK, Wm. BEAMS, John H. Latham; executed to Latham 12 Aug, Cluck 25 Aug, Gillock 8 Sep, and Reams 28 Oct 1858 by Thos. HASH, sheriff.
Subpoena: 17 Aug 1858; Levi Mathews; executed 26 Aug 1858 by Thos. Hash, sheriff.
Subpoena: 17 Aug 1858; John H. Lathum, Wm. Heagerty, John Cluck and Jonathan Smith; executed 12 Aug to Latham, 24 Aug to Cluck, Heagerty on 14 Oct 1858 and to Smith on 1 Feb 1869 by Thos. Hash, sheriff.
Indictment: 7 Jun 1859; true bill; W. W. BOBO, Grand Jury foreman; state witnesses, Levi Matthews, John Cluck, and John H. Latham; same charge as previous indictment; A. T. Haun, Circuit Attorney.
Capias: 11 Jun 1859; James Gay; executed 7 Nov 1859 and $500 bond taken with John GULLETT and Martin W. BOBITT as securities.
Man. for witnesses: "Mr. Thos. Hash Dear sir after my respects to you I have a call trial in my case which will come of 1 day of march and I want you to have sum witnesses which I will give you their names to wit Charles Ross, Alexandrea McKinzee, Umphrey Roberson, Newton Irwin and a man by the name of Paul Pig, son-in-law of Charles Ross, those are the witnesses which I wll need in my Trial without fail all so Asa McGehee and John Gullett and ?Esgo Messick. Your cinsear friend, James Gay. Please attend to this busness."
Subpoena: 22 Oct 1859; Peter M. SWATSZEL, Thomas Gillock, Adam CLUCK and Jno. H. Latham; executed to Latham 3 Nov 1859 and others 4 Nov 1859 by Thos. Hash, sheriff.
Subpoena: 7 Nov 1859; John Cluck and Wm. REAMS for state; executed 7 Nov 1859 by Levi Matthews.
Instructions for the state: filed 8 Nov 1859; "...Unless you believe from the evidence that Gay at the time he presented the gun at Mathews had reasonable cause to apprehend a design on the part of Mathews to do him immediately some great personal injury and that he was acting only in self defense to prevent such design being accomplished..."
Instructions for the defense: filed 8 Nov 1859; similar to instructions for state with reasonable doubt instruct.

265. State of Mo. vs Jordan A. GIBSON, bigamy.
(page 23, E docket) Be it resolved that at a special term of the Lawrence Circuit Court by and held at the court house in the Town of Mount Vernon commencing on the first day of September 1859 for the trial of said Jordan A. Gibson who pled guilty to the charge preferred against him by indictment by the Grand Jury and was sentenced to two years imprisonment in the state penitentiary and the said defendant being unable to pay costs the state became lyable for the following fees: Clerk GAY'S fees, $5.25; Sheriff HASH'S fees, $1.50; Sheriff HOOD'S fees (Jasper County), $11.95, including boarding prisoner 28 days; {entry of $10.00 for Dr. J. B. FOSTER for medical attention on prisoner while confined is marked out;} G. B. KELLEY, constable, $1.25; fees of committing justice, Wm. CURRY, $1.35; witness fees, $.50 each to Joseph GLOSSON, Fredrick HYSON, Jacob JAUNICK?, and A. B. POINDEXTER; witness fees for circuit court to Stacidifer? FURGUSON, Patrick HISON, Joseph GLOSON (out of county) and Wm. CURRY and Jacob PENNICK (in county). Total fees, $44.40. Defendant was convicted and sentenced to two years imprisonment ... that the defendant is insolvent and unable to pay costs ... John R. CHENAULT, Circuit Judge and Joseph CRAVENS, Circuit Attorney Pro Tem. Additional note states: recd of Wm. W. GAY my fees in the foregoing entitled cause; John FLEMMING for Mordacai FLEMMING.

266. State of Mo. vs James GILLOCK.
Subpoena: 27 Feb 1860; Samuel H. SCOTT and Joseph DEGRAFFENREED; executed to Degraffenreed 20 Mar and to Scott 2 Apr by Ralph ELKINS, deputy, for Thos. HASH, sheriff.
Capias: 28 Jul 1862; William GILLOCK to answer to charge of robbery; executed 31 Jul 1862 by William ANDERSON, deputy, for ROBERTS, sheriff.
Subpoena: 28 Jul 1862; Samuel W. ELLIOTT, in Mo. vs William GILLOCK; executed 1 Aug 1862 by Wm. Anderson, deputy; notation on document reads "to be served if defendant is arrested, P. M. WEAR, Clerk."

267. State of Mo. vs John GULLETT, Jr., killing cattle.
Indictment: 15 Nov 1859; P. M. WEAR, clerk; true bill; William D. FULBRIGHT, Grand Jury foreman; state witnesses, David PORTER, Samuel BUSBY, Squire PORTER; charges Gullett on 7 Jul 1859 killed {shot} a mare value of $75 property of John WEST; Joseph CRAVENS, Circuit Attorney Pro Tem.
Subpoena: 6 May 1862; David Porter, Squire Porter and Samuel Busby for state; executed to Busby and Squire Porter 8 May 1862 by Joseph YOUNG; executed to David Porter on 8 May 1862 by S. E. ROBERTS, sheriff.
Capias: 11 May 1864; John Gullett; executed 13 May 1864 by C. GEORGE, deputy, for H. CHILDRESS, sheriff.
Motion to quash: 7 Nov 1865?; "because there is no prosecutor endorced upon said indictment nor is there any statement of facts at the {illegible} of the indictment signed by the foreman that said indictment was preferred upon the information of a public officer nor by two of the grand jurors; J. W. PAYNE, attorney for deft.

268. State of Mo. vs Mary HULSEY, concealing the birth of a child.
Capias: 8 Jan 1867; Mary Hulsey; James W. DAVIS, J.P.; executed 9 Jan 1867 by D. T. J. COLLEY, constable.
Subpoena: 8 Jan 1867; Martha J. MCKINZIE, Julia KETOW, John T. GULLETT, James CAMDEN and Sarah HUTCHISON for state; executed 9 Jan 1867 by D. T. J. COLLEY, Constable.
Subpoena: 9 Jan 1867; Mary MARTIN for defense; to appear 18 Jan 1867; executed by John T. Gullett 15 Jan 1867.
Capias: 18 Jan 1867; Mary Hulsey; executed 18 Jan 1867 by D. T. J. Colley, constable.
Testimony: Martha I. McKinzee being sworn says: Mary Hulsey was staying at our house on 18 Jan. Deft was complaining the headache and remained in bed in the East room up stairs where she had been sleeping. At breakfast sent up for her, did not come that I saw untill about nine oclock at night. Was up stairs twice the same day and told her to come down. Did not hear her complaining except of her head. That night she came down stairs and slept behind me. Got up next morning eat breakfeast as usual. About 9 oclock next morning went in the room that she had been sleeping in before. I asked her then was not something wrong as I saw signs that I did not like. She said there was not nothing only more than usual except it was worse. I took her and her box to Mrs KEEF'S. Cross Examination: Do not know there was any child born at my house. Do not know that she was pregnant. Martha J. MCKIENZIE, her signature.
Julia Ann Keton says: On Sunday was at Ms Keef's where I live. Went back to the bed and a box was setting by the bed and I smelled an awfull scent which smelled like a human and put my hand in the box. From the scent I believed it must be in that box. There was a board nailed across the top of the box and I run my hand down in the side and felt something that felt like flesh. There was an opening on each side of the board. I told it to my brother and Ms GULLETT. Ms Gullett come in, the box was examined and found a baby in the box. It was dead. Mary Hulsey said there was a babe in that box. This was in Lawrence County Missouri. Cross Examination: It was on Sunday night __ day of jany 1867 that Mary Hulsey told me there was a babe in that box. It was in day time that I put my hand in that box and in the afternoon, think a little past the middle of the afternoon. Seely PATTON was present when I put my hand in the box. That night deft told me to take the babe out and I took it out. Did not tell Mary Hulsey, at the time. At the time I smelled something in the box I do not know whether I mentioned it to Mary Hulsey or not. Question: How did you know that that smell was the smell of a human? Answer: During the war I had help to bury a good many person and could compare the smell to nothing else. I took the babe out of the box that night. Do not think that it was quite midnight. It might been 11 oclock. Jack GULLETT, Jim GULLETT, my mother and others were present. Question: Why was this body not taken out before? {Answer is crossed out: because we sent for Lt HULSEY, he was her connection and that he. } Question: Whose babe was that? Answer: I do not know. Do not know what time deft came then. Was not at home. Have been acquainted with the deft about a year. When I smelled the smell mother was present. Question: Was Mary Hulsey present when you mentioned the smell to any one in the room? Answer: Do not recollect. Julia Ketow, her mark.
Transcript: 22 Mar 1867; "cause continued by the justice on account of the defendant being bed sick and unable to attend trial until the 18th Inst ... the justice having heard the evidence adjudges that said defendant be liberated," James W. DAVIS, J.P.

269. State of Mo. vs Jerry HAMILTON, disturbing the peace of a family.
Indictment: 2 Sep 1859; true bill; Wm. DAVIS, Grand Jury foreman; state witnesses, Joshua ROYSTON, and ? Royston; charge 26 Aug 1859 Hamilton disturbed the peace of family of Joshua Royston by cursing, swearing and quarreling with Royston in the presence of his family.
Subpoena: 17 Sep 1859; Joshua R. Royston for state; executed 4 Oct 1859 by Ralph ELKINS, deputy.
Capias: undated and unsigned; Jerry Hamilton; executed and bond taken 23 Sep 1859 by Thos. HASH, sheriff.
Bond: 23 Sep 1859; Jerry Hamilton with Betsy HAMILTON as security, their marks.
Verdict: 10 Nov 1859; "guilty as charged in the bill of indictment and assess as a punishment for the commission of said offence a fine of twenty dollars" L. W. MOORE, foreman.
Motion for new trial: 10 Nov 1859; because the said indictment is bad in this it no where showes that it was found by a grand jury of the state of Missouri, 2d because the court improperly repressed instructions {illegible} by defendant. J. W? PAYNE, attorney for defendant.

270. State of Mo. vs John P HOLLAND and Harrison WINKLE, Sabbath breaking.
Indictment: 4 Jun 1859; true bill; W. W. BOBO, Grand Jury foreman; state witness, Jesse W. HOLLAND; A. T. HAUN, Circuit Attorney; charges on 9 Jan 1859 played cards on Sunday.
Capias: 11 Jun 1859; John P. Holland; executed 20 Jun 1859 by Ralph ELKINS, deputy; bond taken $100 with Stephen HOLLAND and William MOORE as securities.
Bond: 15 Jun 1859; David Harrison WINKLE with Samuel K. WINKLE as security, their signatures; $100; charge is Sabbath breaking.
Bond: 20 June 1859; J. P. Holland with Stephen Holland and William Moore as securities; $100; Holland and Holland, their signatures; Moore, his mark.
Subpoena: 20 June 1859; Jesse W. Holland for state; executed 20 Jan 1859 by Ralph Elkins, deputy.
Subpoena: 21 Sep 1859; Jesse W. Holland for state; executed 5 Oct 1859 by Ralph Elkins, deputy.

271. State of Mo. vs James M. KELLOGG, Ennis DICKSON and Mat BENNETT, gaming.
Indictment: 14 Nov 1860; true bill; George W. MESSICK, Grand Jury foreman; state witnesses, Wm. BAKER, Wm. ROLES, and Wm. RILEY; preprinted indictment for "game of chance, played with and by means of cards..."; on 1 Sep 1860 bet $.50 on game of cards; Thomas A. SHERWOOD, Circuit Attorney Pro Tem.
Capias: 28 Nov 1860; James M. Kellogg; executed 7 Feb 1861 and $100 bond taken with C. GEORGE as security by S. E. ROBERTS, sheriff. Signatures of J. M. Kellogg and C. George on recognizance.
Capias: 28 Nov 1860; Mat Bennett; executed 8 Feb 1861 and $100 bond taken with T. WASSEN as security by Thos. HASH, deputy. Signatures of J. W. BENNETT and T. Wassen on recognizance.
Capias: 28 Nov 1860; Ennis Dickson; not found in county 3 Jun 1861 by Thos. Hash, deputy.
Subpoena: 30 Apr 1861; William Roles, William Riley and William Baker for state; executed to Baker and Riley on 20 Apr 1861 by S. E. Roberts, sheriff. William Roles not served because the judge refuses to hold court at the June term in my said county of Lawrence, S. E. Roberts, sheriff.
Subpoena: 6 May 1862; William Roles and William Riley for state; executed to Roles on 9 May by M. D. L. MCCALL; Riley not found in county 7 May 1862.
Capias: 16 May 1864; James M. Kellogg; executed by bringing into court 7 May 1864 by C George, deputy, for H. Childress, sheriff.

272. State of Mo. vs Jason LAMBERT, malicious threats.
Affidavit: 7 Aug 1860; A. B. POINDEXTER, J.P.; J. C. BILLS makes oath and says that he believes and verily does believe that he and his son Neil S. BILLS is in danger of their lives being taken by one Jason Lambert of said County .. that he said Lambert has made malicious threats that he intends to kill said J. C. Bills and said Neil S. Bills; signed J. C. Bills.
Warrant: 7 Aug 1860; Jason Lambert; executed 7 Aug by Wm. M. WATTERSON, constable.
Transcript: filed circuit court 6 Oct 1860; 13 Aug 1860; states warrant issued and returned 9 Aug 1860; justices of opinion that charge was not by the proof fully sustained and therefore the prisoner is acquitted given under our hands this 13th of August 1860. Fees include $2.00 to C. A. DUNNING for 2 days guard; $2.00 to Oscar WEAR for 2 days guard; $4.50 to A. J. DURNEL for boarding prisoner and guard. Witnesses for state; Sarah MARSHAL, J. C. Bills, Mary A. BILLS, Mary L. BILLS, Neil S. Bills, Wm. CARTER, Wilson WILCOX, E. D. BURTON, Silas CARTER {Silas Carter was also paid for 30 miles travel.} Witnesses for defense; Absolum SMITH, Jas BRIDGES, Robt. CASTILLER, Fred WELDY, Samuel MAYHU, Enoch MCCORMACK, William JONES, Wm. MCCORMACK, Jas. KELLOGG, Jas. CHERRY Sr., T. R. WHALEY, Wm. LAMBERT and David LAMBERT. Back of transcript reads: We the undersigned justices in and for Lawrence County Missouri certify that there was probable cause for the prosecution in said cause this 13th of August 1860, A. B. Poindexter, J.P.

273. State of Mo. vs William J. LEWIS, felonious assault.
Indictment: 2 Sep 1859; true bill; William DAVIS, Grand Jury foreman; state witnesses, Saml. DAVIS, Darin A. GIBSON Jr., Wm. D. GATTEN and Wm. HOWARD; charges Lewis on 1 Aug 1859 assaulted Hugh or High JOHNSON with a large rock.
Capias: 17 Sep 1859; William J. Lewis; executed 4 Oct 1859 by Thos. HASH, sheriff.
Recognizance: 4 Oct 1859; William J. Lewis with Bennett WELLMAN as security; $300; Lewis, his mark; B. Wellman, his signature. Acknowledged before T. R. WHALEY, County Court justice.
Affidavit for continuance: 10 Nov 1859; "...for want of material witnesses ... that he can procure the witnesses aforesaid by the next term of this court. That he is verry sick unable to be in court at this time believes that his presence would be necessary at the trial. P. M. WEAR signed name of William J. Lewis at his request.
Subpoena: 18 Oct 1860; Elmore FAUCETT and Ralph FAUCETT for defense; executed 3 Nov 1860 by S. E. ROBERTS, sheriff.
Subpoena: 26 Oct 1860; Washington RHEA for defense; executed 30 Oct 1860 by S. E. Roberts, sheriff.
Subpoena: 5 Nov 1860; George ALEXANDER for defense; executed 7 Nov 1860 by J. M. FILLER, deputy.
Subpoena: 7 Nov 1860; William FAUCETT for defense; no execution recorded.
Subpoena: 7 Nov 1860; Carter WHITE for defense; executed 8 Nov 1860 by Jacob PARIS; names penciled on back of document; Carter White, Cyrous POGUE and Thomas JEFFORDS.
Subpoena: 13 May 1861; Elmore Faucett, Carter White and Washington Rhea for defense; executed to Fossett and Rea on 21 May 1861 by S. E. Roberts, sheriff; White not found in county.
Subpoena: 21 Jul 1862; Carter White and Elmore Faucett for defense; executed to Fossett on 31 Jul 1862 by S. E. Roberts, sheriff; White not found in county.

274. State of Mo. vs Jason LAMBERT, threatening.
Affidavit: 1 Jun 1860; S. WHALEY, J.P.; J. C. BILLS states that in the months of April and May 1860 that Jason Lambert of the County of Lawrence and State aforesaid did threaten to beat his person and also that he would kill his dog and to cut my well rope and divers other threats. Affiant further states that he fears the said Lambert will do him some private injury either to his person or property or both. Signed, J. C. Bills.
Warrant: 1 Jun 1860; Jason Lambert; John PHARIS authorized to execute and return this writ; executed 1 Jun 1860.
Recognizance: 2 Jun 1860; Jason Lambert with W. LAMBERT, John WELLDEE and W. JONES {their marks}; $50 jointly; S. WHALEY and John J. SPILMAN, justices.
Fee Bill: filed circuit court 11 Jul 1860; includes witness fees to John Pharis, Alvira MCCORMACK, J. B. PHARIS and T? ATKERSON.

275. State of Mo. vs Jason LAMBERT, arson.
Affidavit: 25 Aug 1860; A. B. POINDEXTER, J.P.; Amelia LAMBERT sworn says she has good reason to believe that on the 16th day of August 1860 and in the county and state aforesaid one David H. LAMBERT, Jason Lambert, William LAMBERT and MCCORMICK ... set fire to a dwelling house in the possession and then and there occupied by the said Amelia Lambert and from said fire the room in which she the said Amelia Lambert was then sleeping took fire ... burning up said dwelling house, said room and also an out house used as a meat house; Amelia Lambert, her mark.
Warrant: 25 Aug 1860; David Lambert, Jason Lambert, William Lambert and MCCORMACK; executed to the Lamberts on 26 Aug by Samuel E. ROBERTS, sheriff; McCormack not found in county.
Affidavit: 28 Aug 1860; John H. TOLIVER sworn and says: David H. Lambert, Jason Lambert, William Lambert and McCormick on 16 Aug 1860 and in the night time of said day, the dwelling house of Amelia Lambert and in which she the said Amelia lambert was at the time ... set fire to ... burn and consume ... and ... did burn a certain building towit a meat house, signed John H. Toliver.
Warrant: 28 Aug 1860; Lambert, Lambert, Lambert and McCormick; executed to Lamberts on 28 Aug 1860 by Wm. M. WATTERSON; McCormick not in county.
Testimony: 31 Aug 1860 taken by Poindexter, J.P. Elizabeth EATON being duly sworn states: I was at Mrs Amelia Lambert's on the 16th day of August 1860 at night and had been there for a week and a half previous, and two men came then about 3 oclock in the afternoon and wanted their dinners, and Mrs Lambert got it for them, and when she went out to get the dinner she said the fire was just about out and asked me what she would do, and I told her to do the best she could and she went out and picked up some chips and peach tree limbs in her apron, and she got their dinners and when they went to eat she said to them you must excuse my bad dinner as I had but little fire. I went in when it was getting dusk to cover the fire and I thought it was useless to cover it as it would go out anyway, and when she came to the house from milking she didn't know that I had been to the fire. She went to see it herself and {?} a block and covered it up, and I went out to where she was and told her it would be out in the morning, and she said she covered up what their was and I seen nary spark. We went to bed as we commonly did when nobody was there and after we was in bed a little while young Jack Tolliver and Jasper MCKEE and a man they called Dr. BILLS came, but we never got up when they come, and after they had set there awhile Jack Tolliver asked his au{n}t for some peaches to eat and the others went after some but Jack didn't go. They left to go home and Jack said {illegible} after the house was burned. It struck 10 oclock just as they went to bed and I was up and out doors after that about 11 oclock and there was no fire to be seen and after that Mrs lambert was at the door, but did not go out of the house, to see if it was going to rain, and she said there was no fire to be seen. The next I knew I think it was between one and two oclock when Mrs Lambert waked me up and I run out at the door and seen the fire, and I couldn't tell which was in the biggest way of burning, the smoke house or the dwelling house. And from the looks of the fire the smoke house was set in the south east corner and the dwelling house in the east end. The frame house was the south west room and the smoke house was I dont know how far from it. The flames of the smoke house was not in contact with the framed house. The wind blew the flames right north. The house was right west of the smoke house. I went in the smoke house after the men had got dinner and was laughing at Mrs Lambert about getting dinner without fire. There was no large chunks of wood on the fire when I went in after the dish {illegible} after dinner. When I first discovered the fire Mrs Amelia Lambert was in the log house where she had been sleeping that night and the log house was entirely consumed and also the smoke house and frame. These houses were burnt in the county of lawrence. When the men went off after peaches Mrs Lambert said to Jack Tolliver, 'Jack I have a dread on my mind all the time. I am afraid to leave the house in day time for fear I will be robbed and afraid to lie down at night for fear I will be burnt up.' Cross examination: I said on Tuesday last that the frame house made the biggest flame if anything than the smoke house when I went out. I don't know on my examination in chief a few minutes ago whether I stated that I couldn't tell for my life which was the worst on fire the framed house or the smoke house. I said on my examination in the case of the state against D. H. Lambert that I thought it was about ten o'clock when Jack Tolliver and the other men left to go home and they said Jack lived about a mile from there. I stated on the trial of D. H. Lambert that Jack Tolliver said he came to help cut peaches. I was deaf in my recollection. It was not a half hour in the night when Jack Tolliver and the other men came. Jack Tolliver told me on Sunday after the house was burned that it was ten oclock when they got home, that being before I was examined in the trial of D. H. Lambert on Tuesday last. The frame house was due west of the smoke house. I think it was some 4 steps further from the smokehouse to the frame house than it was to the log house. The fire was in the east end of the frame on the south side of the chimney and next to the smoke house. The smoke house was right south of the log house and east of the frame house. The door of the smoke house that night was closed and the door was in the north end. Elizabeth Eaton, her mark.
John G GIBBENS being duly sworn states: I went up to Mrs Lamberts on saturday after the house was burned. I was looking at the place and having a stick in my hand I measured the distance from the smoke house to the frame house on the south west and it was about 24 feet. J. G. Gibbens, his signature.
John PHARIS being duly sworn states: The evening of the 16th of August I was at John DAVIS' from about sunset to 1/4 or 1/2 hour in the night. I left then and went home. At that time I met David Lambert and Jason Lambert about 2 hundred yards this side of Mr John Davis'. They were afoot and were coming in the direction of this place; it is about twelve miles from this place to where I met them. It is about 2 miles or 2 1/2 miles from where I met them to Jason Lambert's and about two miles to Wm Lambert's. I think it is about 1/2 a mile from Wm Lambert's to Jason Lambert's. There is a road that goes to Jason Lambert's that turns off between Wm. Lambert's and when I met them; this road turns about 3/4 or 1 mile this side of Wm. Lambert's. Cross examination: It was as dark as it was going to get that night when I met them. They just stepped out of the road to give room for the wagon that I was riding in to pass. David Lambert stopped and spoke to Enock CARTER who was on the wagon with me. I could tell who they were from their bulk and also from their features. There was no moon shining at the time. Think there was some light-hazy clouds. They were some six or seven feet from me when they passes. John Pharis, his signature.
Dicy GILBERT being duly sworn states: I was at home on the night of 16th of August. I live on Mr HALEYs', James and Henderson, farm on the road that leads from Mrs CRAWFORD'S to Honey Creek. I seen two men pass there I think about 9 oclock afoot in their shirt sleeves. They were coming towards town. The road they were traveling was the road they would have to travel a peace to come to Mrs Lambert's, and after traveling that road a piece they would have to take a right hand to go to Mrs. Lambert's. Cross examination: I think it was about nine oclock when these {illegible.} It is about 2 1/2 miles to Mrs Lambert's from my house, I think. The main road that passes my house passes by Mrs Crawford's to town. There is no direct road leading from my house to Mrs Lambert's without going by Dr COX'S. I think Dr. Cox lives about 1 mile past of Mrs Crawford. My family had a part of them gone to bed when the men passed. The men were nearly out of sight when I seen them. Dicy Gilbert, his mark.
Enoch Carter being duly sworn states: I went over to Wm DAVIS' in the evening of the 16th of August and went to John Davis' about sunset. And staid there till between 1/4 and 1/2 hour in the night. When we started home and about 2 hundred yards past Mr John Davis' we met David Lambert and Jason Lambert. And Mr David Lambert bid me good night or good evening one and I did the same with him, and he asked me if I had been down to Mr. Bills. The road that we traveled run close to Wm Lambert's house to the left. I think it is about 2 miles {illegible} where I met these men to Wm Lambert's and I think it is a little further from where I was to Jason Lambert's than it is to William Lambert's the way I traveled. Cross examination: It was as dark as it got that night when we met them. I knew David Lambert by his voice and size and was not positive that it was Jason Lambert. I couldn't tell a man by his features. I was on the hind part of the wagon with John Pharis. There was a fence on our side and bushes on the other side of the road. I don't think that Mr John Pharis and Mr Jason Lambert are friends with each other. When we met these men they were afoot. Enoch Carter, his signature.
An almanac being produced it was ascertained that the sun set on the 16th day of August 1860 at 3 minutes to seven oclock.
William Lambert being duly sworn states: On the night of the 16th of August I got home about an hour in the night and remained at home the rest of the night. I seen nothing of either Jason Lambert or David Lambert that night, but heard David Lambert when he come into the house about one or two oclock at night as I suppose either sooner. I did not look at my time piece and only guess at the time. D. H. Lambert had a pair of shoes nearly new on the 16th of August 1860 and had had a month or two before and had not worn them a great deal. I seen him next morning about day light lying on the bed, I suppose asleep, with all his clothes on except his coat, shoes and hat. William Lambert, his signature.
Thos Hash being duly sworn states: On the morning of 17th of August I went out to Mrs Amelia Lambert's. Mr James DUDLEY and myself crossed the fence about 13 steps from where the smoke house stood. And a short space {illegible} where we crossed the fence, I suppose about 20 steps, we saw tracks made by some person or persons with shoes or boots on. Close to where we first discovered their tracks we noticed that they were scattered like promiscously, and one place they seemed to have called a halt from the appearance of the tracks. We followed them I suppose some thirty or thirty-five steps before they seemed to take a straight shoot. We then noticed that there were two sets of tracks made by two persons, and we followed them I suppose about two hundred yeards. Marked the place and returned to where the houses were burned to see about our horses. Then in company with J. H. Tolliver, James CUNNINGHAM and Oscar WEAR and perhaps others we returned to where we had turned back before {illegible.} Then some place we measured the track then trailed them into the oat stubble where the tracks seemed to be going towards the south west corner of Mrs lambert's field. A short distance from the corner of the field they made a little angle to the left, crossing two fences a {illegible} lane between. The fence was on loose ground on both sides--loose enough for tracks to be seen. It was a raw prairie field and south of that was Timothy stubble and we searched for some time to find the tracks but couldn't. I never saw the tracks any more till I saw them or tracks that looked like them on both sides of Mr CRAWFORD's south string of fence about 2 hundred yards east of his house. We then saw them in the road that run directly along the fence. And they passed onto a piece of untrammeled ground, about 25 or 30 steps I think, when they struck another road leading in rather a south east direction. The tracks angled across this road and struck into a road that lead down into the main road that goes to ALLEN'S old mill by Mrs. Crawford's. James Dudley, Oscar Wear and myself followed these tracks down near to where the Haley boys have a farm on HONEY CREEK. We then returned home again to get our horses and dinner; about two oclock we started from town. Went to the place where we had quit trailing and took the tracks again and followed them on the mill road across SPRING RIVER just below the mill. The roads forked something near the spring river bottom and the tracks followed the left hand road. We followed them into there. That road intersects the main road running by Aaron WINTER'S. A short distance the other side of Winter's the roads forked again. The tracks again took the left hand road that went by old man CHITWOOD's and I do not recollect of seeing the tracks near Mr Chitwood's house nor until we struck the south west corner of Mr. Chitwood's fence. We examined there for the tracks. We discovered that they had traveled the road that turned the corner of the fence and run along the side of it a piece. We then turned to the right and went to MINDEN. We remained there awhile. Our object was to see if we could get any information in relation to the matter any way. It was then late in the evening and the men with me started back to their homes. I stayed all night in the neighborhood and next morning after breakfast I took the road leading from Minden in a southeasterly direction and followed it until I came into the road that the tracks were on. I noticed for the tracks and discovered them, or tracks that looked just like them, and followed them the other side of John DAVIS' field a short distance. I then got down and measured the tracks, then got up on my horse and rode on the trail. I followed those tracks I think from 1/4 to 1/2 mile from where William Lambert lived. I missed the track that seemed to have no heel on the shoe or boot and did not see it any more on the way to Wm Lambert's, but I noticed two other tracks along the road, both with heels on. They continued along the road to about where the roads forked that went to John Pharis and Wm Lambert and I do not recollect of seeing the tracks any more after I took the right hand road. At William Lambert's I found David H. Lambert, William Lambert and a man named Carter and a Mister McCormick who were all sitting out of doors except William Lambert. I asked how all were and David Lambert said he had a very bad cold. David Lambert was sitting leaning against the house. I noticed his shoes that he had or some he had on. A pair of brogan shoes with no heels to them and I thought that they was both leaned out but I had doubts about them leaning out enough to suit the track. I also had my doubts about them being as long as those tracks we had followed. I measured the Dudley tracks with the shoes on exhibited by David Lambert on the 30th. I also measured David Lambert's tracks on the 31st. The shoes exhibited by David Lambert was, as near as we could come at it, about the length of the longest measure. And the tracks that David Lambert made I measured several times, and when he was walking in the dust on the square the tracks were from an inch and a half inch longer than the short measure. The string that was handed to me was said to be the short measure. I then noticed Mr. David Lambert standing and that the toes of his boots fit down in the dust. I told him to raise his foot up without walking and I measured the track and it was just the length of the short measure. And we then turned back close by and he said here is another and it looked like a fair impression and I measured it and it measured the same. He had been standing and walking around. Then I seen Jason Lambert put on the shoes that I suppose David Lambert had on when I seen him at William Lambert's and the same that David Lambert exhibited in court. I consider them a tolerably good fit for Jason Lambert except a little shorter than usual particularly the right one. I am of the impression that the shoe exhibited would make a larger impression in the dust with a large foot in it than if it had a small one in it. I think that if the toe was to come to the point of the shoe that the toe of the shoe would be likely to cut off and if the toe did not come to the point would be more likely to turn up at the toe. The soles of this shoe exhibited are worn through to within 1/2 inch of the end of the toe of the shoe with the exception of the inner sole. I consider that the shoe exhibited in court is a little looser than are usually worn by men on David Lambert's feet. I noticed some impressions that I would suppose were made on the upper leather by the toes in wearing. I noticed that the little toes of David Lambert fit the impressions in the shoe. The big toe didn't come out as far as Jason Lambert's did. Jason Lambert's big toe seemed to come out close to the upper leather of the toe of the shoe. I think that the end of David Lambert's big toe was about 3/4 of an inch from the end of the upper leather of the shoe. Cross examination: Some 250 yards from where the house was burned I saw two sets of tracks which I had seen before, one of which I was under the impression I may have seen this before but don't recollect it now, was made by shoes or boots that were run down some. This was after we had got very near the rough wheat stubble about 25 yards from Mr Crawford's fence. At the south string of Mr. Crawford's fince I seen the tracks plain and one of them appeared that it was made with a shoe that was run down. I don't recollect whether I said that one of the sets of tracks were made with a run down shoe or boot or not on the 28th day of Augst in the trial of state vs D. H. Lambert. The right shoe exhibited in court is torn at the eye seam near half way down. I don't recollect that there was any impression in the tracks we followed of a hole in the bottom of the shoes that made them and these shoes both have holes in the bottom through the out soles. The left shoe exhibited in court seems to fit D. H. Lambert tolerably well about the toes. I am inclined to think that as a shoe gets older and gives way it is inclined to get a little larger. The tracks of the shoes or boots that had heels on them had the impression of tacks. I suppose was tacks in the heels and I think there was but one now but am not certain. I think that shoes with a hole in the bottom of them would make an impression of the hole in the dust. Reexamination: I didn't notice any impression of any holes in the bottom of the shoes when I measured the tracks made by Mr. Dudley on the 30th August. Thos. Hash, his signature.
William Jones being duly sworn states: I know where John H. Davis and William Lambert live and I suppose it is something near 1 1/2 miles from one of their houses to the other. There is a road turns off the road that runs from J. H. Davis to William Lambert that goes to Jason Lambert's about 1/2 mile more or less this side of William Lambert's north of his house. William Jones, his mark.
Oscar Wear being duly sworn states: I went with Thos. Hash and found tracks near Mrs Lambert's house, I suppose some 100 yards from it, and followed them near 12 miles and my impression was that our set of tracks were made by a pair of run down shoes or boots. I think that I could see an impression of the upper leather on the ground near an inch over the impression of the sole. There was some kind of tacks in the heels of one set of tracks and I tried to count them and I think that there was near thirty-two in the heel of the right tracks but am not positive as to the number. I examined the boots that D. H. Lambert has on and find only 9 in the heel of the kind that I counted the impresson of in the tracks. Cross examination: I would think that the boots of D. H. lambert have been worn some and I think they are tolerable new. I think that there are an unusually small amount of tacks or {illegible} at this time in the heel of the boot I examined. The screws that are in the heel of the boot are not common in boots where they are brought on. Oscar Wear, his signature.
J. S. Spear being sworn states: It is some times the case that boots like those exhibited have but few tacks in the heels and some times many. On the day that Charles TOLLIVER was arrested, it being the 5th of July, I put some screws in the heels of a pair of boots for D. H. Lambert and I think these are the same boots and the same screws. J. S. Spear, his signature.
William Lambert being recalled states: I have known the shoes exhibited some three or four months before the 16th of August. D. H. Lambert occasionally wore these shoes and occasionally another pair. I think that Jason Lambert wears about 10s or 11ls of shoes. D. H. Lambert kept the shoes exhibited at my house about the time of the 16th of August and had for some time before. William Lambert, his signature.
H. C. HOWARD being sworn states: I suppose it is some 3/4 or 1 hour from sundown till day light down. H. C. Howard, his signature.
J. C. PRICE being sworn states: My impression is that it is about from 40 to fifty minutes from sundown till dark in August. John C. Price, his signature.
Defendant's statement: Jason Lambert says he is not guilty of the charge as preferred against him that he did not burn the house nor does not know who did burn it.
Transcript: 3 Sep 1860; ... there is probable cause to believe the defendant Jason Lambert guilty .. held in recognizance in the sum of four hundred dollars ... in default of sufficient bail shall be sent to jail there to await his trial ... In explanation to those who may have occasion to examine these papers I hear say that the reason two affidavits and warrants appear is that it is considered that Amelia Lambert being the wife of David Lambert in this case was not a competent witness against him then John H. Toliver made an affidavit and there was a new warrant issued and the prisoners were rearrested under a joint charge but claimed the right of a separate trial which was by me the undersigned granted ... A. B. Poindexter, J.P.
Bill of costs: 8 Sep 1860 includes payment to James P. OWENS for writing testimony; state witnesses, Dicy Gilbert, John H. Toliver, C. C. Dunning, Oscar Wear, J. C. Bills, Jas. Cherry, Jas. Dudley, Wm. Jones, Wm. Lambert, Elizabeth LAMBERT, Thos. Hash, and John Gibbens; defense witnesses, Thos. A. KELLY, Thos. J. DAVIS, Lee WILLIS; prisoner {Jason Lambert} boarded and guarded 8 days; subpoenas served by Thos. Hash, Samuel ROBERTS, John Toliver and William THATCHER.

276. State of Mo. vs Jason LAMBERT, wounding & maiming of J. C. BILLS.
Affidavit: 8 Aug 1860; J. C. Bills makes oath and says that one Jason Lambert of Lawrence County Missouri did on the 22nd day of June 1860 ... bite off a part of the said affiants ear thereby wounding and maiming ... ;" J. C. Bills, his signature; A. B. POINDEXTER, J.P.
Warrant: 8 Aug 1860; Jason Lambert; executed 9 Aug 1860 by Wm. M. WATTERSON.
Information of witnesses for the state: John C. BILLS being sworn says: I had just returned home from a neighbor's house. Jason Lambert's wife came to the well contrary to an agreement between J. Lambert and myself and let the bucket down in the well three times to draw water. During the time she was drawing I sent my daughter to forbid her from taking water out of it. She refused to quit untill she got what water she wanted. She then carried it out into the orchard where Mr Lambert was at work. After she carried it where he was they both returned to the well. When he got to the well I went and forbid him from drawing or taking any water out of the well. He commenced cursing me and swore he would have water or stay there till night. I then told him to get out side of my enclosure. Some two or three times, he swore he would be god damned if he would not have water before he left there or whip me. While this conversation was going on he kept putting the bucket in the well, and I kept preventing the bucket from going down. During this time he swore if I would hold to the rope he would jerk the life out of me or burst me against the windlas. I told him he could not have the chance that I would not hold to it for him to bust me against the windlas. About this time I told my son to go round behind Mr Lambert and get the well cover and to put it on the well and cover it up. At this time Jason Lambert snached up the well cover and swore he should not have it. At this time I was standing on the west side of the beam of the well. He steped up on the well covering on the east side with the well cover in his hands. Said cover being some eighteen inches square, made out of inch oak plank, and swore he would knock hell out of me. I then snached it out of his hand and placed it down to its proper place on the well. When I done that he stooped down and took hold of it and tried to jerk it from under me. The well is between forty and fifty feet deep. I then put my hands against him and pushed him away to prevent him from pulling the cover from under me. I think at this time he rose with a rock in his hand and made a motion but whether he throwed or not I cannot say. I dodged, and at the time I dodged I heard something hit the windlas beam. I then threw a rock at him and hit him somewhere about the neck. He then gathered another rock and threw it at me. During the fight he threw me down head foremost in the comer of the fence and as I rose he grabbed my ear with his teeth with both hands against the side of my head, and bit a piece out of the lower part of my ear, tearing the rim of the ear off up near the top of the ear. (The witness here showed his ear to the court) About one half of my ear was taken off. The well was on my premises. The state of feeling between Mr Lambert and myself was unfriendly previous to this time. The offence was commited at the County of Lawrence in the State of Missouri on the 22d day of June 1860. Cross examination: The first rock Lambert threw at me didn't hit me. I had a rock in my hand at the time he drew the well cover on me but made no motions to throw untill he threw at me. I have not been in the habit of going armed. I had a pistol when I went to the well. The reason I took the pistol with me I had been out hunting and had not put my pistol away. It is a small bored rifle pistol. I carried it in my bosom at that time. I had no belt. The pistol carries a ball that will take about 250 to weigh a pound. It is some six inches long. I think I was in my shirt sleeves. I did not see any body engaged in the fight except Mr. Lambert and myself. I did not see my boy throw any rocks. I did not see my dog on Mr. Lambert. There was one ball in the pistol. As I drew the pistol out and turned it, it fired. I drew the pistol to fight with and struck him with it. The pistol fired accidentally. I run at him with the pistol after he hit me with the rock. The pistol is not self cocking. The well curb is some twelve inches high & some five or six feet square. I do not know whether the pistol was cocked when I drew it. Reexamination: He threw the second rock before I drew the pistol and hit me a glancing lick on the back of the neck. The rock I think would weigh about four pounds. Cross examination: He was some fifteen feet from me when he threw the rock. J. C. Bills, his signature.
Mary A. BILLS being sworn says: Sarah LAMBERT came to the well to draw water. Mr. Bills sent Mary down to forbid her from drawing. He told her to tell her we could not get water there to get our supper. She drew water twiced after Mary went there. When Lambert & wife came back to the well Mr Bills went down and forbid them from drawing water. I then went down to the well and in a minit or two after Jason Lambert threw a rock at Mr. Bills. I then went to the house. I did not see any more rocks throwed. The next I seen Lambert had Mr Bills down on the fence a choking him. In the scuffle they got over the fence and behind some bushes. I seen no more untill the fight was over. Mr. Bills then came to the house and I saw that his ear was off and bleeding in a stream. There was no person fighting that I seen but Mr. Lambert and Mr. Bills. Cross examination by the deft: Mr. Lambert & Mr. Bills had been at the well some eight or ten minits before I went there. I did not see Mr. Bills have any pistol when he went to the well. I do not recolect of seeing him hunt any that day. I do not recolect of seeing Mr Bills have a pistol that day. I did not see the dog during the fight. Mary A. Bills, her mark.
Mary E. Bills being sworn says: I seen a part of the fight between Mr. Bills and Mr Lambert came to the well to get water. She drew a bucket of water and took it up in the field where Jason lambert was. Mr Lambert and Sarah came down to the well. I saw Mr Lambert throw a rock at Mr Bills. The rock struck the windlas of the well. I saw Mr lambert raise the well cover like as if he was going to hit Mr Bills. Mr Lambert told Sarah to go after old Mr Lambert the he would whip Mr Bills before he left the well. To draw water they let the bucket down by hand. Mr Lambert put the bucket in the well and Mr Bills jerked it out. Mr Lambert told Mr Bills that if he held to it he would jerk him over the windlas. At the same time he gave the rope a jerk and the bucket struck Mrs Lambert. As soon as Mr. Bills came to the house I saw that his ear was off and bleeding. His ear was not off when he went to the well. Before the fight begun Mr lambert said he would beat hel out of Mr Bills before he went away. Cross examination by deft: I seen a part of the fight. Some times I was at the house and some times not. There was no person engaged in the fight that I know of but Mr Bills & Mr Lambert. I did not hear any report of a pistol. Mary E. Bills, her mark.
Neal S. BILLS being sworn says: Sarah Lambert came to the well to draw water and drawed three times and my sister covered the well. Sarah Lambert then took the water up in the orchard where Mr Lambert was plowing. Mr Lambert & wife came to the well. I went to get the well cover and Mr. Lambert jerked it up and drew it over Mr Bills and swore he would knock hell out of him before he left the well. I saw Mr Lambert throw a rock at Mr Bills. He threw a rock and hit the windlas. I saw Mr Lambert throw Mr Bills in the fence corner after this I saw Mr Lambert have Mr Bills on the fence. After the fight was over, I saw that Mr Bill's ear was off and bleeding. His ear was not off before the fight. Cross examination by deft: I guess there was rocks thrown by both sides. I think Jase threw the first rock. I seen the first rock thrown. I seen the dog close to Lambert a barking at him and he, Lambert, pitched a rock at him and he run off. Neal S. Bills, his mark.
Information of witnesses for defendant: Sarah Lambert being sworn says: I went down to draw water, peacably. Mr Bills sent his ,daughter down and had the well shut up. I then went over in the field where Jason was plowing and he come to draw some water and when he put the bucket in to draw water Mr Bills would jerk it out and throw it down on the ground. This was repeated two or three times. He then put the bucket in again and Mr. Bills took it out and threw it out again. Mr. Bills had a rock in each hand, one drawed back, and said I will kill you Sir, or something to that amount. Cross examination by the state: Mr. Lambert threw no rock while I staid there. I went away before the fight commenced. I did not see any of the fight. Re examination by deft: I left immediately after Mr. Bills drew the rock. Sarah Lambert, her signature.
N. B. HOCKER being sworn says: At the time that Mr Bills was under arrest I saw Mr Lambert's head and the scars exhibited here now was wounds then. I can't say what they was inflicted with. N. B. Hocker, his signature.
D. H. LAMBERT being sworn says: At the time of the difficulty between Jason Lambert and J. C. Bills, Mr Bills was living on my land. I rented Bills the land. There was a well on the land. Mr Bills did not have exclusive controll of the well. Both Mr Bills & Mr Lambert was at liberty to use the well. Mr Lambert had a part of the same farm rented that the well was on. Cross examination by the deft: The well is on the side of a cross fence next to Bill's house. David H. Lambert, his signature.
Recognizance: 10 Aug 1860; Jason Lambert, his mark, with David H. Lambert, William LAMBERT, Henry T. LAMBERT, their signatures, and Frederic WELDY, his mark, as securities; $500; J. M. FILLER and A. B. POINDEXTER, justices.
Witness Recognizance: 10 Aug 1860; J. C. Bills, his signature; Mary A. Bills, Mary E. Bills, Neal S. Bills, their marks; $50 each.
Transcript: 11 Aug 1860; Bill of costs; 13 Aug 1860; includes $1.75 to Wm. BAKER for serving 7 subpoenas; $2.75 to Wm. Waterson for serving 9 subpoenas and a warrant; state witnesses, $.50 each, J. C. Bills, Mary A. Bills, Mary L. Bills, Neil S. Bills; defense witnesses, $.50 each, Jas. BRIDGES, E. MCCORMACK, Wm. Lambert, David H. Lambert, Fred Weldy, R. CASTILLER, B. A. STEPHENS, Ab. SMITH; $2.00 to William ANDERSON for 2 days guarding; $1.00 to Neil STRINGER for one day guarding; $1.50 to A. J. DURNIL for boarding prisoner and guard. Outside of bundle endorsed: "Filed in my office Aug 29th 1860 P. M. WEAR clerk by his deputy Cas. T. WEAR.

277. State of Mo. vs John MURRY, robbery.
Affidavit: 13 Oct 1863; James GAMEL, his mark, makes oath and says on 11 Oct 1863 "while at his residence in Lawrence County Mo one John Mury came upon him and did then and there draw a pistol and cocked and present{ed} it at my brest demanded my money said nothing but it wold save my life ... gave him what money I had about my person. He then opened and serched 3 truncks;" L. B. MCNATT, J.P.
Warrant: 13 Oct 1863; John Murry; executed 14 Oct 1863 by Wm. B. WHANN, constable Buckprairie Township.
Warrant of commitment: 14 Oct 1863; to keeper of jail of Lawrence County; bond required $1000; L. B. McNatt, J.P.
Witness recognizance: 14 Oct 1863; James GAMMILL and Amos N. KELLY, their signatures; $20 each.
Evidence of James Games {sic}: states on the 11th day of Oct 1863 John Mury came to my house in Lawrence County Mo and caled me in to the {illegible} and drue a pistol and cocked it and presented it at me and said he was sent to kill me and demanded my money and said nothing but it wold save my life. I then gave him Eight dollars. He (Mury) then examined trunks and box about the house. He then went in to the kichen and took a tabl cloth and som wering clothes. Still abused me in word and went off. {James GAMM..., signature incomplete, document torn.}
Evidence of Amos N. KELLY: states James Gamell informed me on mondy morning the 12th day of Oct 1863 that a man had came to his house the day before in the evening and had robed him of eight dollars in money and other things, wereupon I pursued with a detail of men and over taken on John Murry at John LAYNES in CHRISTIAN COUNTY Mo whereupon said John Murry toled me he had ben at James Gamils the day before and had made gamill give him Eight dollars and gave me eight dollars and said it was the money he got from gamell and also exknowledge when I gave gamill the money that it was the same. Amos N. Kelley, his signature.
Plea: The defendant pleads not guilty and further sayeth not.
Recognizance: 24 Oct 1863; John MURRAY with Jeremiah MURRAY as security, their signatures. $250; James CHERRY, Justice of County Court.
Fee bill: {undated); L. B. McNatt, justice; unnamed constable paid 20 miles travel for taking prisoner to jail; witness fees, $.50 each, James Gammil and Amos N. Kelly; Guarding prisoner, 1 day each at $1 /day, James SHIPNIAN and Mack ROBINSON. Documents filed circuit clerk 29 Oct 1863; P. M. WEAR, clerk.
{Following document is misfiled in this bundle.}
Transcript: 29 Oct 1863; Salima DERICK, plaintiff, vs Isaac COOK and Thos. R. MAXWELL, defendants. Plaintiff filed Sept 17th 1863 for suit a note executed to hir by defendants for thirty five dollars dated May 20th 1861 and payable one day after date and directed a sumons to isue a sumons was usued Sept 17th 1863 directed to the constable of Buckprarie Township and delivered to Wm. B. WHANN as debity returnable Oct 10th 1863. Oct 10th 1863 the sumons in the above cause is returned served on the plaintiff by Leving a coppy with a white person of there familys over the age of fifteen and the cause coming on to be heard and the defendants failing to appear the justic waited three hours and after examining into the cause it is adjudged by the justic that plantiff recover of Isaac Cook and Thos. R. Maxwell defendants the sume of forty three dollars and 75ct for hir debt and intrest: and one dollar and 10ct for cost of suit and that execution isue. L. B. McNatt, J.P. Exicution isued Oct 12th 1863. Exicution returned Oct 28th 1863 no property found whereon to levy Wm. B. Whann Constable. The cost in the above cause is payed by plaintiff. L. B. McNatt, J.P. Document endorsed on back, filed Oct 29th 1863, P. M. Wear clerk.

278. State of Mo. vs F. W. BRECKENRIDGE, selling liquor.
Information: 16 Feb 1869; H. C. LOLLAR, clerk; J. S. WILSON, deputy clerk; John Q. PAGE, Circuit Attorney, gives information that F. W. Breckenridge sold half pint of whiskey of the value of 50cts with{out} having a dram shop keepers license; state witness, Wm. FINN.
Capias: 19 Feb 1869; F. W. Breckenridge; return reads "I Thos B. SAMUEL sheriff of Lawrence County in the State of Missouri return this writ not executed by council of John Q. Page States Attorney this May 6th 1869, by Wm. H. Johnson, deputy sheriff; Back of document endorsed "Quashed."

279 State of Mo. vs F. W. BRECKENRIDGE, selling liquor.
Information: 16 Feb 1869; H. C. LOLLAR, clerk; J. S. WILSON, deputy clerk; John Q. PAGE, Circuit Attorney, give information that Francis W. BRECKENRIDGE sold half pint whiskey of the value of fifty cents to Stephen Worsham without having a dram shop keepers license; state witness; S. WORSHAM.
Capias: 19 Feb 1869; Francis W. Breckenridge; return same as return on capias in bundle #278; Back of document endorsed "Quashed."

280. State of Mo. vs F. W. BRECKENRIDGE, selling liquor.
Information: 16 Feb 1869; H. C. LOLLAR, clerk; J. S. WILSON, deputy clerk; John Q. PAGE, circuit attorney, give information that F. W. Breckenridge sold one gill {sic}whiskey of the value of ten cents without having a dram shop keepers license; state witness, Thos. DAVIDSON.
Capias: 19 Feb 1869; F. W. Breckenridge; return same as return on capias in bundle #278; document endorsed "Quashed."

281. State of Mo. to the use of Wm. WOODS vs Henry MOORE, et al, suit on bond.
Copy of Bond: 3 Aug 1858; Wm. W. GAY, clerk; "Know all men by these presents, that we Henry Moore as principal and J. B. NEVILL and Leander BOSWELL as his securities, are held and firmly bound unto the state of Missouri in the sum of six hundred dollars for the payment of which well and truly to be made, we find ourselves our heirs, executors and administrators, firmly by these presents, signed with our names and sealed with our seals and dated this 3rd day of August A.D. 1858. The condition of the above obligation is such that whereas the above bound Henry Moore has been elected constable for Vineyard Township in Lawrence County for two years from the 1st day of August A.D. 1858. Now if the said Henry Moore will execute all process to him directed and delivered and pay over all money received by him by virtue of his office, and in every respect discharge all the duties of constable according to law, then this bond to be void, otherwise to remain in full force and virtue. Henry Moore and J. B. Nevill, their signatures; Leander Boswell, his mark. Approved by ord of the County Court, August 25, 1858, State of Missouri, County of Lawrence; Wm. W. Gay Clerk. I, George W. RINKER, Clerk of the County Court of Lawrence County, hereby certify that this is a true correct copy of the Bond of Henry Moore, constable of Vineyard Township, as the same appears upon file in my office, 11 May A.D. 1860; George W. Rinker, Clerk, his signature.
Subpoena: 6 Aug 1860; Henry Moore, J. B. Nevill and Leander Boswell; executed by delivering a copy of the writ and petition to Boswell on 6 Aug 1860, Moore on 13 Aug 1860 by Thos. HASH, Sheriff; executed to J. B. Nevill on 6 Sep 1860 by S. E. ROBERTS, sheriff.
Recognizance: 6 Aug 1860; William Woods, his mark, and Henry T. MCCUNE {signature H. T. McCune} acknowledge ourselves indebted to Henry Moore, J. B. Nevill and Leander Boswell in the sum of one hundred and twenty dollars upon this condition; if the said Woods shall prosecute without delay and with effect an action which he has commenced against said Moore, Nevill & Boswell, in the Circuit Court of Lawrence County, or if he shall pay all costs and damages that may be adjudged against him by the court having cognizance thereof, then this bond to be void, otherwise to remain in full force and effect; Witness, Jonathan HUNT, Wiley HARPER.
Petition: Plaintiff assigns as a breach of the conditions of said bond {Moore's bond as constable} that the said Henry Moore did not in every respect discharge all the duties of constable according to law, in this, that on the 20th day of April A.D. 1860, the said Henry Moore levied a certain execution upon a yoke of oxen, the property of plaintiff, which said oxen, plaintiff did then and there claim and demand of and from the said Henry Moore as exempt from excution {sic} by the laws of this state; that plaintiff was then and there the head of a family which the said Henry Moore well knew, but that the said Henry Moore wholly disregarding the said claim and demand of plaintiff and his duties as constable did wrongfully and unlawfully sell said yoke of oxen under the said writ of execution, although exempt from levy and sale by the laws of this state, by reason of plaintiff not having property of any kind exceeding in value the sum of one hundred and fifty dollars. Plaintiff claims damage in the amount of sixty dollars. CRAWFORD and KERR, attorneys for plaintiff.
William Woods to whose use this action is brought makes oath and says: {illegible} and foregoing petition and the matters therein contained, as recited, be {illegible} to be true. William Woods, his signature. Sworn and subscribed before Jonathan Hunt, J.P., ? Aug 1860.
Note: Carthage, April 16th '61; Maj WEAR, Dear Sir: I send you a deed which you will please record and you will also please issue a subpoena for Wiley Harper and Joseph MCANDREW, to testify in the case of the State to use of Woods vs Moore et al. on the part of the plaintiff. Very Respectfully Richd T KERR.

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