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View From the Courthouse:
Abstracts of Lawrence County, Mo., Circuit Court Documents, 1858-1869
copyright 1997, Judith Johnson Reustle; Internet edition Dec 2000
Bundles 282-351, 4248


282. State of Mo. vs Joseph MCANDREW, robbery and receiving stolen property.
Recognizance: 21 Jul 1862; Joseph McAndrew with James R. HARRIS as security, their signatures; $2,000; taken and certified by John C. PRICE, Circuit Judge.
Subpoena: 22 Jul 1862; Jacob MYERS, Theophilus DOWNING, Alvis SHEPPARD, Vincent SCOTT, Christy PRICE, J. H. COLLEY, J. L. NIVENS, Joseph HENDERSON and Dannil STEPHENS for the state; P. M. WEAR, Clerk. Execution on back of this document reads "I, S. E. ROBERTS sheriff of Lawrence County in the state of Missouri do certify that I did arrest the within named Joseph McAndrew on the 21st day of July 1862 and brought him before the Honorable judge of the Lawrence Circuit Court which judge obtained a bond of him for his personal appearance on the 28th day of July 1862 before him then and there to abide the decision of said court order these circumstances he was permitted to return home by me this July 21st 1862, by William ANDERSON, deputy, for S. E. Roberts, sheriff.
Subpoena: 1 Dec 1863; George T. PRICE for defense; executed in GREENE COUNTY 9 Dec 1863 by J. A. PATTERSON, deputy for T. A. BRICE ? sheriff.

283. State of Mo. vs Lucian MULLINS., disturbing peace of family and breaking doors and windows of dwelling house.
Indictment: 17 May 1862; true bill; E. GAITHER, Grand Jury foreman; state witness, William WHITE; Nathan BRAY, Circuit Attorney Pro tem; charges on 1 Feb 1862 Mullins with force and arms disturbed the peace and quiet of the family of one William White by making loud and unusual noises, using offensive language, threatening, quarrelling and fighting, throwing stones at the house in which said family was residing ... and broke, injure and destroy the windows and doors of a certain dwelling house the property of said William White..."
Capias: 12 May 1864; Lucian Mullins; executed 17 May 1864 by Wm. ANDERSON, deputy, for Henry CHILDRESS, sheriff.

284. State of Mo. vs Benton MATTHEWS and Newton IRVIN, felonious assault.
Indictment: 4 Jun 1859; Wm. W. GAY, circuit clerk; true bill; W. W. BOBO, Grand Jury foreman; state witnesses, James M. GAY, John T. GULLETT, William HORN, and Samuel BUSBY; charges Matthews and Irvin on 20 May 1859 assaulted James M. Gay with an ax and large club .... did strike him ... dangerous and severe blows giving to him ... divers wounds on the head... of various widths and breadths to the grand jurors unknown ... ; A. T. HAUN, Circuit Attorney.
Capias: 4 Jun 1859; Newton Irvin; executed 6 Jun 1859 by Thomas HASH, sheriff.
Capias: 4 Jun 1859; Benton Matthews; return states "could not find the within named defendant Benton Matthews in my said county of Lawrence where upon to serve the within capias this day of Nov 1859, Thos. Hash, sheriff.
Capias: 6 Jun 1859; Benton Matthews {charge listed on this document is disturbing peace of family}; not found in county Nov 1859, Thos. Hash, sheriff.
Subpoena: 24 Sep 1859; James M. Gay, John T. Gullett, Wm. Horn and Samuel Busby for state in State vs Newton Irvin; executed to Gullett 3 Oct, Gay 4 Oct, Busby 5 Oct and Horn not found in county 6 Nov 1859 by Thos. Hash, sheriff.
Subpoena: 7 Nov 1859; William Horn for state in State vs Irvin; executed 8 Nov 1860.
Subpoena: 7 Nov 1860; William Horn for the state; executed 8 Nov 1860 by Squire PORTER, his signature.

285. State of Mo. vs Robert MURPHY, perjury.
Indictment: 12 Nov 1859; P. M. WEAR, clerk; true bill; William D. FULBRIGHT, Grand Jury foreman; state witnesses, R. B. NICHOLAS, Stephen NICHOLAS, John C. DUNKLE, and Henry {illegible;} John R. CHENAULT, Circuit Judge; "... a certain issue duly joined in the said court between one Thomas TAYLOR. as plaintiff and one Russel B. Nicholas as defendant in a certain civil action on a certain promissory note for the payment of money .. and brought before said court by the sheriff in and for the county and state aforesaid as suitable persons to compose said jury was one Robert M. MURPHY .. and it becoming important and material to ascertain whether or not the said Murphy had formed or expressed an opinion as to how said issue should be determined and he the said Murphy was then and there duly sworn... did unlawfully feloniously falsely willfully and corruptly say depose and swear to and before the court ... that he the said Murphy had not before that time formed and expressed an opinion..."
Subpoena: 1 May 1860; Washington SMITH, J. P. HOLLAND, Jesse HOLLAND and Abraham MASON for defendant; executed by John AUXIER 3 May 1860.
Subpoena: 1 May 1860; Marshall WILSON, Reuben CARTER, John D. ALLEN, Tho. R. WHALEY, Jas. MUNGER and Jas. R. CRAWFORD for defendant; served to Wilson, Carter, Munger and Crawford on __ day of ___ 1860, to Whaley on 4 May 1860, to Allen 5 May 1860 by John Auxier and Thos. HASH, sheriff.
Subpoena: 1 May 1860; C. S. HARRIS, James CALLISON, Thomas S. WILSON, and James C. BALDWIN for defendant; executed to Callison 2 May, to Harris and Baldwin on 3 May and Wilson not found in county 4 May 1860 by John Auxier.
Subpoena: 1 May 1860; J. C. RICHARDSON, Washington WILLIAMS and J. W. RICHARDSON for defendant; executed to J. W. Richardson 2 May, to J. C. Richardson 3 May and Williams not found in county 4 May 1860 by John Auxier.

286. State of Mo. vs Wm. F. ROPER, failure to keep a proper tool dish measure.
Indictment: 14 Nov 1860; true bill; George W. MESSICK, Grand Jury foreman; state witnesses Wesley CHRISTIE, George S. D. JONES; P. M. WEAR, clerk; T. A.. SHERWOOD, Circuit Attorney Pro tem; charges William F. Roper on 10 Jul 1860 then and there the owner and occupier of a certain Public Mill with force and arms unlawfully fail to keep at his mill aforesaid a proper tool dish for a certain half bushel measure which said measure was then and there used by him the said Roper for the purpose of measuring grain.
Capias: 28 Nov 1860; William F. Roper; executed and bond taken 4 Feb 1861 by S. E. ROBERTS, sheriff.
Recognizance: 4 Feb 1861; Wm.. F. Roper with H. F. WILLIAMS and John W. MCCALL as securities, their signatures; $100.
Subpoena: 3 Apr 1861; Wesley Christie and George S. D. Jones for state; executed to Jones 16 Apr 1861 and Cristy not found in county 25 May 1861 by S. E. Roberts, sheriff.
Subpoena: 10 May 1861; E. B. RICKMAN, B. A.. HENDRICKS, Abram WOODS, F. R. MCFALL and John S. RICHMOND for defense; executed to McFall on 10 May 1861; not executed to others because the Judge refuses to hold court in my said county at the June term 1861, S. E. Roberts, sheriff.
Subpoena: 29 Jul 1862; E. B. Rickman, John RICKMAN, J. S. FOSTER and {name Catherine is marked out} for defendant; executed 30 Jul 18?? by D. J. C____, deputy, for S. E. Roberts, sheriff.
Verdict: undated; no name of defendant or cause; We the jury find the defendant not guilty as charged in the indibtment {sic} D. BIDDLECOM, foreman.

287. State of Mo. vs Wm.. F. ROPER.
Subpoena: 29 Jul 1862; Catharine CHRISTIAN for defendant; endorsed, I acknolege the survis of the within; Catharine CHRISTIE, her mark. {Probably belongs with papers in bundle #286.}

288. State of Mo. vs Wm. F. ROPER.
Attachment: 29 Jul 1862; George S. D. JONES to testify for state and answer contempt charges for not attending as a witness although summoned; executed same day by D ? COOPER, deputy. {May belong with papers in bundle #286.}

289. State of Mo. vs Hannabal ROSS, disturbing the peace of a family.
Indictment: 9 Nov 1860; true bill; George W. MESSICK, Grand Jury foreman; state witness, C. C. P. WILCOX; P. M. WEAR, circuit clerk; charges on 1 Sep 1860 Ross disturbed the family of C. C. P. Wilcox by loud and unusual noise and by threatening quarrelling challenging and fighting; Joseph CRAVENS, Circuit Attorney.
Capias: 28 Nov 1860; Hannabal Ross; executed and bond taken 5 Mar 1861 by S. E. ROBERTS, sheriff.
Recognizance: 5 Mar 1861; Hanabal Ross with Wm. M. PARIS and J. M. ROSS as securities, their signatures; $100.
Subpoena: 3 Apr 1861; C. C. P. Wilcox; executed 17 Apr 1861 by S. E. Roberts, sheriff.

290. State of Mo. vs Monroe ELLIOTT, grand larceny.
Capias: 23 Feb 1869; Monroe Elliott; executed and bond of $1000 taken with J. W. LEBOW as security 26 Apr 1869; R. H. LANDRUM, Probate judge.
Recognizance: 26 Apr 1869; {preprinted form} Elliott with J. W. LEBOW, their signatures; $1000. Back of document endorsed "Nolli Prosiqua"
Subpoena: 27 Apr 1869; M. H .SHELTON for state; not found in county 30 Apr 1869 by Wm. H. JOHNSON, deputy sheriff.
Subpoena: 3 May 1869; Wm. HEAGERTY for defendant; executed 3 May 1869 by Wm. H. Johnson, deputy, for Thos. B. SAMUEL, sheriff.
Subpoena: _ May 1869; Wm. H. ROPER, James GULLETT, Pleasant SMITH and Washington STOTTS for defense; executed to Stotts on 3 May, Gullett on 4 May by James M. Elliott and sworn to Wyatt HARRIS, Clerk of County Court; executed to Roper and Smith on 3 May by Wm. H. JOHNSON, deputy sheriff.

291. State of Mo. vs Wm.. HEWLETT, robbery.
Capias: 23 Feb 1869; William Hulett; {execution and bond undated, see recognizance.}
Recognizance: 23 Mar 1869; William Hulett with Ransom PHARISS as security, their signatures; $1000; R. H. LANDRUM, President of County Court.

292. State of Mo. vs Marvil WOODS., robbery.
Capias: 23 Feb 1869; Marvil L. Woods; executed by arresting Marvel S.. Woods and keeping until discharged by order of the Circuit Court 3 May 1869; R. S. WILKS, deputy.

293. State of Mo. vs Dr. CASSITY, selling liquor without license #2.
Indictment: 8 May 1869; true bill; J. L. HOLT, Grand Jury foreman; state witness Wm. M. NEECE; Henry C. LOLLAR, circuit clerk.
Capias: 8 May 1869; Dr. Cassity; executed 12 May 1869 by R. S. WILKS, deputy sheriff; bond taken at court same day.
Subpoena: 21 Sep 1869; William M. Neece for state; executed 21 Oct 1869 by R. S. Wilks, deputy sheriff.

294. State of Mo. vs Dr. CASSITY, selling liquor without license #1.
Indictment: 8 May 1869; true bill, J. L. HOLT, Grand Jury foreman; state witness, Wm. M. NEECE; Henry C. LOLLAR, clerk; J. S. WILSON, deputy clerk; John Q.. PAGE, Circuit Attorney.
Capias: same as bundle #293.
Subpoena: same as bundle #293.

295. State of Mo. vs Mansel GAITHER and Thomas GAY, playing billiards on Sunday.
Indictment: 12 May 1869; true bill; J. L. HOLT, foreman; state witness, Lewis BRECKENRIDGE; John Q.. PAGE, Circuit Attorney; unspecified date of offense.
Capias: 12 May 1869; Mansel Gaither; executed by R. S. WILKES, deputy; discharged by court same day.
Capias: 12 May 1869; Thomas Gay; executed by R. S. Wilkes, deputy; discharged by court same day.
Motion to quash: undated; lst, indictment charges no indictable offense; 2nd because playing billiards is not a game within the meaning of the statute; 3rd indictment does not charge the year in which the supposed offense is charged to have committed.
Nolli Prosiqui, 10 May 1870, Book F page 298.

296. State of Mo. vs W. H. GAITHER, gaming.
Indictment: 12 May 1869; true bill; J. L. HOLT, foreman; state witnesses, L. BRECKENRIDGE, Mansel GAITHER and Thomas GAY; John Q.. PAGE, Circuit Attorney; "...by giving his consent and permitting his billiard table to be played upon on the first day of the week commonly called Sunday."
Capias: 12 May 1869; W. H. Gaither; executed 13 May 1869 by R. S. WILKS, deputy, and discharged by court same day.

297. State of Mo. vs. Edward RUSH, working on Sunday.
Indictment: 7 May 1869; true bill; J. L. HOLT, Grand Jury foreman; state witness, Joshua LINTHICUM; John Q. PAGE, Circuit Attorney; charges Rush on unspecified day in 1868 labored and performed work, towit, he hauled one load of board timber, other than the household offices of daily necessity or other works of necessity or charity on the first day of the week commonly called Sunday without having any legal authority to do the same.
Capias: 7 May 1869; Edwin Rush; executed on __ May 1869 by W. H. JOHNSON, deputy, and bond taken by court.

298. State of Mo. vs Wm. CASTILLER, gaming.
Indictment: 8 May 1869; true bill; J. L. HOLT, Grand Jury foreman; state witness, John S. BROWN; John Q. PAGE, Circuit Attorney; charges Castiller bet large sum of money, to wit one dollar on game of chance {cards}.
Capias: 8 May 1869; Wm. Casstiller; executed 11 May 1869 by Wm. H. JOHNSON, deputy, and bond given same day.
Subpoena: 22 Sep 1869; John S. Brown for state; executed 25 Oct 1869 by Wm. H. Johnson, deputy.

299. State of Mo. vs F. W. BRECKENRIDGE, selling liquor.
Information: 16 Feb 1869; John Q. PAGE, Circuit Attorney, makes information that Francis W. Breckenridge sold liquor to wit one gill {sic} to S. WORSHAM of the value of 15 cents.
Capias: 16 Feb 1869; Francis W. Breckenridge; I Thos B. SAMUEL sheriff ... return this not executed by council of the said states Attorney John Q. Page this 6 May 1869." "Quashed."

300. State of,Mo. vs F. W. BRECKENRIDGE, selling liquor.
Information: 16 Feb 1869; same as bundle in #299 except sold one half pint value of fifty cents to unnamed person. Back of document; state witness, Wm. ANDERSON.
Capias: 19 Feb 1869; F. W. Breckenridge; return same as capias return in bundle #299. "Quashed."

301. State of Mo. vs Francis W. BRECKENRIDGE, selling liquor.
Information: 5 Feb 1869; by John Q. PAGE, Circuit Attorney; charges Breckenridge on unspecified date in 1869 sold one pint of the value of one dollar without having license as a dram shop keeper; state witness, Ben THAXTON.
Capias: 5 Feb 1869; Francis W. Breckenridge; executed 17 Feb 1869 by Wm. H. JOHNSON, deputy.
Recognizance: 17 Feb 1869; Francis W. Breckenridge with John C. PRICE as his security; $200; their signatures {F.W. Breckenridge;} bond taken by Wm. H. Johnson, deputy, for Thomas B. SAMUEL, sheriff.
Information: 11 May 1869; by John Q. Page, Circuit Attorney; charges Breckenridge on unspecified date 186_ sold one half pint whiskey of the value of fifty cents with{out} license; state witness, Ben Thaxton.
Subpoena: 11 May 1869; Benj. Thaxton for state; executed 12 May 1869 by J. ?. ELKINS.

302. State of Mo. vs F. W. BRECKENRIDGE, selling liquor.
Indictment: 8 May 1869; true bill; J. L. HOLT, Grand Jury foreman; state witness, David WHITEFORD; L. M. ANDREWS, Circuit Attorney pro tem; charges Breckenridge on unspecified date 1869 sold one pint liquor "composed of various materials, a part of which was whiskey, commonly called Bitters,," of the value of one dollar.
Capias: 8 May 1869; F. W. Breckenridge; executed and bond taken 11 May 1869; R. S. WILKS, deputy.
Subpoena: 11 May 1869; David Whiteford for state; executed 11 May 1869 by R. S. Wilks, deputy.
Motion to quash: 11 May 1869; BRAY, S{herwood} & Y{oung}, attorneys for defense; because 3rd, said indictment is signed by a party representing himself to be Circuit attorney pro tem and filed in court when at the same time the Circuit attorney was in court in the discharge of his duties as the Circuit attorney, because 4th, the court has no authority to appoint a Circuit attorney pro tem unless in the absence of the Circuit attorney.

303. State vs F. W. BRECKENRIDGE, selling bitters.
Indictment: 11 May 1869; true bill; J. L. HOLT, Grand Jury foreman; state witness, Wm. CASTILLER; {indictment is endorsed number 15}; John Q. PAGE, Circuit Attorney; charges Breckenridge on unspecified date 1868 sold one half pint of Bitters commonly called LEDARDS BITTERS of the value of one dollar.
Capias: 11 May 1869; F. W. Breckenridge; executed and bond taken 12 May 1869; R. S. WILKS, deputy.
Subpoena: 22 Sep 1869; William Castiller; executed 25 Oct 1869 by W. H. JOHNSON, deputy.
Instructions to jury: no date.
Bundle endorsed Nolli pros, "F", page 220.

304. State of Mo. vs F. W. BRECKENRIDGE, selling bitters.
Nolli pros, "F," page 248.
Indictment: 11 May 1869; true bill; J. L. HOLT, Grand Jury foreman; state witness, William CASTILLER; {indictment is endorsed number 31}; John Q. PAGE, Circuit Attorney; charges Breckenridge on unspecified date in 1863 sold one and one half pint of Bitters commonly called LEDARDS BITTERS of the value of one dollar without license.
Capias: 11 May 1869; F. W. Breckenridge; executed 12 May 1869 by R. S. WILKS, deputy.
Subpoena: 21 Sep 1869; William Castiller; executed 25 Oct 1869 by W. H. JOHNSON, deputy.

305. State of Mo. vs F. W. BRECKENRIDGE, selling bitters.
Nolli Pros, "F," page 248.
Indictment: 11 May 1869; L. M. ANDREWS, Circuit Attorney pro tem; charges Breckenridge sold one and one half pint bitters commonly called LEDARDS BITTERS; true bill; J. L. HOLT, Grand Jury foreman; state witness, Wm. CASTILLER.
Capias: 11 May 1869; F. W. Breckenridge; executed 12 May 1869 by R. S. WILKS, deputy.
Subpoena: 21 Sep 1869; Wm. Castiller; executed 25 Oct 1869 by W. H. JOHNSON, deputy.

306. State of Mo. vs F. W. BRECKENRIDGE, selling bitters.
Nolli Prosiqui, "F," page 248.
Indictment: 11 May 1869; L. M. ANDREWS, Circuit Attorney pro tem; charges Breckenridge sold one and one half pints bitters commonly called LEDARDS on unspecified date; true bill; J. L. HOLT, Grand Jury foreman; state witness, Wm. CASTILLER.
Capias: 11 May 1869; F. W. Breckenridge; executed 12 May 1869 by R. S. WILKS, deputy.
Subpoena: 21 Sep 1869; Wm. Castiller; executed 25 Oct 1869 by W. H. JOHNSON, deputy.

307. State of Mo. vs F. W. BRECKENRIDGE, selling bitters.
Nolli Prosiqui, "F," page 248.
Indictment: 11 May 1869; John Q. PAGE, Circuit Attorney; charges Breckenridge sold SCHERDAMS SNAPS, one and one half pint value of one dollar on unspecified date; true bill; J. L. HOLT, Grand Jury foreman; state witness, John W. PRICE.
Capias: 11 May 1869; F. W. Breckenridge; executed 12 May 1869 by R. S. Wilks, deputy.
Subpoena: 21 Sep 1869; John W. Price; executed 25 Oct 1869 by W. H. Johnson, deputy.

308. State of Mo. vs F. W. BRECKENRIDGE, selling liquor.
Nolli Prosq, "F," page 248.
Indictment: 11 May 1869; John Q. PAGE, Circuit Attorney; charges Breckenridge sold one and one half pint whisky value of fifty cents on unspecified date; true bill; J. L. HOLT, Grand Jury foreman; state witness, Thomas CATTS.
Capias: 12 May 1869; F. W. Breckenridge; executed 13 May 1869 by R. S. WILKS, deputy.
Subpoena: 27 Sep 1869; Thomas Catts; undated execution by W. H. JOHNSON, deputy.

309. State of Mo. vs F. W. BRECKENRIDGE, selling bitters.
Nolli Prosiqui, "F," page 248.
Indictment: 11 May 1869; John Q. PAGE, Circuit Attorney; charges Breckenridge sold one pint Bitters a part of which is whiskey or Brandy commonly called HOSTETTERS BITTERS of the value of one dollar; true bill; J. L. HOLT, Grand Jury foreman; state witness, Isaac BAIRD.
Capias: 12 May 1869; F. W. Breckenridge; executed 13 May 1869 by R. S. WILKS, deputy.
Subpoena: 21 Sep 1869; Isaac Baird; executed 25 Oct 1869 by W. H. JOHNSON, deputy.

310. State of Mo. vs F. W. BRECKENRIDGE, selling liquor.
Indictment: 11 May 1869; John Q. PAGE, Circuit Attorney; charges Breckenridge sold one pint of whiskey value of one dollar on unspecified date; true bill; J. L. HOLT, Grand Jury foreman; state witness, Alex FOX.
Capias: 12 May 1869; F. W. Breckenridge; executed 13 May 1869 by R. S. WILKS, deputy.
Subpoena: 21 Sep 1869; Alexander FOX; executed 25 Oct 1869 by W. H. JOHNSON, deputy.

311. State of Mo. vs F. W. BRECKENRIDGE, selling bitters.
Indictment: 11 May 1869; John Q. PAGE, Circuit Attorney; charges Breckenridge sold one and one half pint of Bitters of part of which is whiskey commonly called RIO JACKET {or Red Jacket?} of the value of one dollar on unspecified date; true bill; J. L. HOLT, Grand Jury foreman; state witness, Isaac BAIRD.
Capias: 12 May 1869; F. W. Breckenridge; executed 13 May 1869 by R. S. WILKS, deputy.
Subpoena: 21 Sep 1869; Isaac Baird; executed 25 Oct 1869 by W. H. JOHNSON, deputy.

312. State of Mo. vs F. W. BRECKENRIDGE, selling liquor.
Indictment: 11 May 1869; John Q. PAGE, Circuit Attorney; charges Breckenridge sold one and one half pint whiskey value of fifty cents on unspecified date; J. L. HOLT, Grand Jury foreman; state witness, Isaac BAIRD.
Capias: 12 May 1869; F. W. Breckenridge; executed 13 May 1869 by R. S. WILKS, deputy.
Subpoena: 21 Sep 1869; Isaac Baird; executed 25 Oct 1869 by W. H. JOHNSON, deputy.

313. State of Mo. vs F. W. BRECKENRIDGE, selling liquor.
Indictment: 11 May 1869; John Q. PAGE, Circuit Attorney; charges Breckenridge sold one pint of whiskey of the value of one dollar on unspecified date; true bill; J. L. HOLT, Grand Jury foreman; state witness, Isaac Baird.
Capias: 12 May 1869; F. W. Breckenridge; executed 13 May 1869 by R. S. WILKS, deputy.
Subpoena: undated; Isaac Baird; executed 25 Oct 1869 by W. H. JOHNSON, deputy.

314. State of Mo. vs William JOHNSON, Jr; disturbing peace of a family.
Indictment: 12 May 1869; J. L. HOLT, Grand Jury foreman; true bill; state witnesses, John T. GULLETT, James M. WOODS, and Samuel SMITH; John Q. PAGE, Circuit Attorney; charges Johnson on 10 Jul 1868 disturbed the peace of the family of John T. Gullett by “loud and unusual noise, loud and offence and indecent conversation by threatning quarrelling challenging.”

315. State of Mo. vs Wm. RICKMAN, disturbing peace of a family.
Indictment: 12 May 1869; J. L. HOLT, Grand Jury foreman; true bill; state witnesses, Mrs. BOUCHER, Wallace BOUCHER and Cary BOUCHER; charges Rickman on unspecified date disturbed the family of Cary Boucher.
Capias: 22 Jul 1869; Wm. Rickman; executed and bond taken 28 Nov 1869 by R. S. WILKS, deputy.
Recognizance: 28 Oct 1869; William Rickman, his mark, with Jeremiah B. BAILEY, his signature; $200.

316. State of Mo. vs John Parker, working on Sunday.
Indictment: 7 May 1869; John Q. PAGE, Circuit Attorney; J. L. HOLT, Grand Jury foreman; state witnesses, C. D. LANIER and Joshua LITHICUM; charges Parker on unspecified date in 1868 did make a stock for a certain gun, other than the household offices of daily necessity or other works of necessity or charity on the first day of the week commonly called Sunday .. without legal authority.
Capias: 7 May 1869; John Parker; not found in county 11 May 1869 by Wm. H. JOHNSON, deputy.
Capias: 22 Jul 1869; John Parker; not found in county 28 Oct 1869 by Thos B. SAMUEL, sheriff.

317. State of Mo. vs Henry ROCKWELL, disturbing religious worship.
Indictment: 8 May 1869; J. L. HOLT, Grand Jury foreman; true bill; John Q. PAGE, Circuit Attorney; state witnesses, Dan MCDONALD and William MOORE; charges Rockwell on unspecified date in 1868 disquieted and disturbed a congregation of people met for religious worship by making a noise by rude and indecent behavior and profane discourse within their place of worship and so near to the same to disturb the order and solemnity of the meeting.
Capias: 8 May 1869; Henry Rockwell; not found in county 11 May 1869 by Wm. H. JOHNSON, deputy.

318. State of Mo. vs George ORR, Sr., felonious assault.
Indictment: 12 May 1869; J. L. HOLT, Grand Jury foreman; true bill; John Q. PAGE, Circuit Attorney; state witnesses, Grant KELLEY, Mat SIMS, John CHACE, L. J. RAGAIN, and S. W. RAGAIN; charges on 27 Mar 1869 Orr assaulted Mat Sims with a "large stick of the length of four feet and the thickness of one inch and of the breadth of four inches ... strike beat maim wound and bruce him the said Mat Sims then and there inflicting great bodily harm on him..."
Capias: 12 May 1869; George Orr, Sr.; not found in county 15 May 1869 by R. S. WILKS, deputy.
Capias: 22 Jul 1869; George Orr, Sr.; executed and bond taken 29 Oct 1869 by W. H. JOHNSON deputy.
Recognizance: 29 Oct 1869; George Orr, Sr. {signature, Geo Orr} with Eli G. PARIS, his signature, as security; $1000.
Subpoena: 22 Jul 1869; L. J. Reagain and S. W. Reagain for the state; executed by John H. FILLER and sworn to H. C. LOLLAR, clerk, by J. S.. WILSON, deputy clerk on 1 Nov 1869.
Subpoena: 18 Mar 1870; Grant Kelley, Mat Sims and John CHASE for state; executed to Grant Kelley 22 Mar 1870, others not found in county, L. B. HUTCHISON, sheriff by T. J. MOORE, deputy.
Subpoena: 10 Oct 1870; John R. Chase for state; notation on document says "lives in Seneca."; return says "servide the within subp by reading to and in presence of John R. Chace on the 17th day of Oct 1870, L. B. HUTCHISON, sheriff, by T. J. MOORE, deputy.

319. State of Mo. vs Sam HUTCHISON, Jack STONE and Dan ROTH, playing cards on Sunday.
Indictment: 12 May 1869; true bill; J. L. HOLT, Grand Jury foreman; state witness, Lewis BRECKENRIDGE; John Q. PAGE, Circuit Attorney; charges Hutchison, Stone and Roth on unspecified date played cards on Sunday.
Capias: 22 Jul 1869; Dan Roth; executed and bond taken 29 Oct 1869 by W. H. JOHNSON, deputy.
Capias: 22 Jul 1869; Jack Stone; not found in county 30 Oct 1869 by Thos. B. SAMUEL, sheriff.
Capias: 22 Jul 1869; Sam Hutchison; not found in county 29 Oct 1869 by Thos. B. Samuel, sheriff.
Recognizance: 29 Oct 1869; Dan Roth, his mark, with Ham GAITHER and Benjamin R. MATTHEWS, their signatures, as security; $200 each. Attest, John S. WHALEY, his signature.
Subpoena: 29 Oct 1869; Lewis Breckenridge for state; executed 30 Oct 1869 by W. H. Johnson, deputy.
Capias: 31 Mar 1870; Jack Stone; not found in county 3 May 1870 by Thos. H. JONES, deputy.
Capias: 31 Mar 1870; Sam Hutchison; not found in county 3 May 1870 by Thos. H.. Jones, deputy.

320. State of Mo. vs William CAMDEN and Polk CRAWFORD; disturbing religious worship.
Indictment: 12 May 1869; true bill; J. L. HOLT, Grand Jury foreman; John Q. PAGE, Circuit Attorney; state witness, H. L. VINYARD; charges Camden and Crawford on unspecified date disturbed religious worship by making a noise by rude and indecent behavior and profane discourse.
Capias: 22 Jul 1869; William Camden; not found in county 25 Oct 1869 by W. H. JOHNSON, deputy.
Capias: 22 Jul 1869; Polit CRAWFORD; not found in county 29 Oct 1869 by Thos. B. SAMUEL, sheriff.

321. State of Mo. vs Dan HEATON, selling Bitters.
Bundle endorsed "Acquitted, Nov 2 1869, Book F, page 222"
Indictment: 11 May 1869; true bill; J. L. HOLT, Grand Jury foreman; John Q. PAGE, Circuit Attorney; state witness, P. F. CLARK; charges on unspecified date 1868 Heaton sold one and one half pint Bitters (the name of which to the Grand jurors is unknown) of the value of one dollar.
Capias: 11 May 1869; Dan Heaton; not found in county before court adjournment by R. S. WILKS, deputy.
Capias: 22 Jul 1869; Dan Heaton; executed and bond taken by Thos. B. SAMUEL, sheriff.
Recognizance: 13 Oct 1869; Dan Heaton with James J. CHERRY and Wm. B. NEECE as securities, their signatures; $200; {recognizance says charge against Heaton is disturbing religious worship.}
Subpoena: 22 Jul 1869; P. F. Clark for state; executed 1 Nov 1869 by Joshua LINTHICUM, constable.
Motion to Quash: 1 Nov 1869; N. BRAY, attorney for defendant; 1st, indictment does not show upon its face that the article charged to have been sold was not that kind of alcoholic spirit the sale of which is illegible by the laws of this state.

322. State of Mo. vs Dan HEATON, selling bitters.
Bundle endorsed "Trial by the court and acquitted Nov 2nd 1869 "F" page 223"
Indictment: 12 May 1869; true bill; J. L. HOLT, Grand Jury foreman; John Q. PAGE, Circuit Attorney; state witnesses, H. H. NEECE and Moses MORRIS; charges Heaton sold one and a half pints of Bitters a part of which is whiskey commonly called SOUTHERN HOME BITTERS of the value of one dollar.
Capias: 22 Jul 1869; Dan Heaton; executed and bond taken 13 Oct 1869 by Thos. B. SAMUEL, sheriff.
Recognizance: 13 Oct 1869; Dan Heaton with James J. CHERRY and W. B. NEECE as securities, their signatures; $200.
Subpoena: 22 Jul 1869; H. H. Neece and Moses Morris for state; executed to Morris on 30 Oct 1869 and Neece on 1 Nov 1869 by Joshua LINTHICUM, constable.

323. State of Mo. vs Francis IBACH, working on Sunday.
Indictment: 7 May 1869; true bill; J. L. HOLT, Grand Jury foreman; John Q. PAGE, Circuit Attorney; state witnesses, Mrs. TURNY and Samuel SANDERS; charges on unspecified date 1869 Ibach did..."plowing or breaking prairie other than the household offices of daily necessity or other work of necessity or charity on the first day of the week commonly called sunday without then or there having any legal authority..."
Capias: 7 May 1869; Francis Ibach; no execution recorded.
Capias: 22 Jul 1869; Francis Ibach; not found in county 29 Oct 1869 by Thos. B. SAMUEL, sheriff.

324. State of Mo. vs James LANGSTON, James GILLOCK and May GILLOCK, disturbing worship.
Indictment: 12 May 1869; true bill; J. L. HOLT, Grand Jury foreman; John Q. PAGE, Circuit Attorney; state witness, H. T. VINYARD; charges on unspecified date Langston, Gillock and Gillock disturbed religious worship by making a noise by rude and indecent behavior and profane discourse.
Capias: 22 Jul 1869; James Gillock; executed 6 Oct 1869 by W. H. JOHNSON, deputy.
Capias: 22 Jul 1869; May Gillock; not found in county 29 Oct 1869 by Thos. B. SAMUEL, sheriff.
Capias: 22 Jul 1869; James Langston; not found in county 29 Oct 1869 by Thos. B. Samuel, sheriff.
Recognizance: 6 Oct 1869; James Gillock, his mark, with Thomas GILLOCK, his signature, as security; $200.
Subpoena: 3 Nov 1869; John SCOTT for defense in Mo. vs John Gillock; executed 3 Nov 1869 by W. H. Johnson, deputy.
Subpoena: 31 Mar 1870; H. T. Vinyard for state in Mo. vs James Gillock et al; executed 13 Apr 1870 by Thos. H. JONES, deputy.

325. State of Mo. vs James OGLE, disturbing religious worship.
Indictment: 12 May 1869; true bill, J. L. HOLT, Grand Jury foreman, John Q. PAGE, Circuit Attorney; state witness, H. H. NEECE; charges on unspecified date Ogle disturbed religious worship by making a noise by rude and indecent behavior and profane discourse.
Capias: 22 Jul 1869; James Ogle; executed 26 Oct 1869 by W. H. JOHNSON, deputy.
Recognizance: 26 Oct 1869; James Ogle, his signature, with John OGLE, his mark, and Eli T. BRAY as security; $200.
Subpoena: 22 July 1869; Hardy H. NEECE for state; executed 1 Nov 1869 by Joshua LINTHICUM, constable of Ozark Township.

326. State of Mo. vs George BOWERS, et al; disturbing religious worship.
Bundle endorsed "Nolli Prosiq May term 1870."
Indictment: 12 May 1869; true bill; J. L. HOLT, Grand Jury foreman; John Q. PAGE, Circuit Attorney; state witnesses, N. M. FORSYTHE, H. T. VINYARD, James MESSICK and Geo. MESSICK, Jr.; charges George Bowers and Wm. BRADLEY alias Wm. NAIL on unspecified date did disturb a congregation of people met for religious worship by making a noise by rude and indecent behavior and profane discourse.
Capias: 22 Jul 1869; William Bradley alias Wm. Nail; not found in county by W. H. JOHNSON, deputy.
Capias: 22 Jul 1869; George Bowers, Jr.; executed and bond taken 6 Oct 1869 by Thos. B. SAMUEL, sheriff.
Subpoena: 22 Jul 1869; W. M. Forsythe, H. T. Vinyard, James Messick and George Messick, Jr. for state; executed to Bowers and G. Messick 1 Nov 1869, J. Messick and Forsythe not found in county 1 Nov 1869 by John T. GULLETT, Constable of Vineyard Township.
Recognizance: 6 Oct 1869; George M. BOWERS with George F. BOWERS as security, their signatures; $200.

327. State of Mo. vs Anderson STARRETT, James C. HUNT and Winfield SCOTT, disturbing religious worship.
Bundle endorsed "judgement rendered 10 May 1870."
Indictment: 12 May 1869; true bill; J. L. HOLT, Grand Jury foreman; John Q. PAGE, Circuit Attorney; state witnesses, H. T. VINYARD and N. M. FORSYTHE; charges on unspecified date Starrett, Hunt and Scott disturbed religious by making a noise by rude and indecent behavior and profane discourse.
Capias: 22 Jul 1869; Winfield Scott; executed 5 Oct 1869 by W. H. JOHNSON, deputy.
Capias: 22 Jul 1869; Anderson Starrett; executed 15 Oct 1869 by W. H. Johnson, deputy.
Capias: 22 Jul 1869; James C. Hunt; executed 12 Apr 1870 by Thos. H. JONES, deputy.
Subpoena: 22 Jul 1869; H. T. Vineyard and N. M. Forsythe for state; executed to Vinyard 1 Nov 1869 and Forsythe not found in county by John T. GULLETT, constable of Vineyard Township.
Recognizance: 6 Oct 1869; Winfield Scott, his mark, with Saml. H. SCOTT, his mark, and John COX, his signature, as security; attest William S. JONES; $200.
Recognizance: 15 Oct 1869; Anderson Starrett, his mark, with Samuel H. Scott, his mark, James C. Hunt, his signature, and John Cox, his signature, as security; $200.
Subpoena: 11 Apr 1870; James Hunt, Winfield Scott and Chamer SCOTT for defense in Mo. vs Anderson Starrett; executed 12 Apr 1870 to Hunt and W. Scott, Charner Scott not found in county by Thomas H. Jones, deputy.
Recognizance: 12 Apr 1870; James C. Hunt, his signature, with Anderson Starrett, his mark, and William C. LANGSTON, his signature, as securities; $200.
Execution of costs: 7 Oct 1870; James C. Hunt, fined $10; "within named deft has no property (to be found) in my said county subject to the levy of the within writ," W. H. Johnson, deputy.

328. State of Mo. vs. E. B JOHNSON, disturbing religious worship.
Indictment: 12 May 1869; true bill; J. L. HOLT, Grand Jury foreman; John Q. PAGE, Circuit Attorney; state witness, L. W. REED; charges Johnson on unspecified date disturbed religious worship by making a noise by rude and indecent behavior and profane discourse.
Capias: 22 Jul 1869; E. B. Johnson; executed 28 Oct 1869 by Wm. H. JOHNSON, deputy.
Subpoena: 22 Jul 1869; L. W. Reed for state; executed I Nov 1869 by Joshua LINTHICUM, constable of Ozark Township.
Recognizance: 28 Oct 1869; E. B. Johnson, his mark, with James STINSON, his signature, E. J. ADAMSON, his mark, and B. W. STINSON, his signature, as securities; $200.
Subpoena: 1 Nov 1869; John COOK and B. W. Stinson for defense; executed 1 Nov 1869 by Thos. B. SAMUEL, sheriff.
Subpoena: 2 Nov 1869; George MCCRAW for defense; executed 2 Nov 1869 by Thos. B. Samuel, sheriff.

329. State of Mo. vs. Jeremiah "Jerry" HAMILTON, disturbing the peace of a family.
Indictment: 12 May 1869; true bill; J. L. HOLT, Grand Jury foreman; John Q. PAGE, Circuit Attorney; state witnesses John F. WARREN, Wm. H. WATSON and G. S. MILSAPS; charges Hamilton on unspecified date disturbed the peace of the family of Wm. H. Watson by loud and unusual noise, loud and offensive and indecent conversation by threatning and quarrelling.
Capias: 22 Jul 1869; Jeremiah Hamilton; not found in county 25 Oct 1869 by W. H. JOHNSON, deputy.

330. State of Mo. vs W. W. MANSKER, felonious assault.
Indictment: 3 Feb 1869; true bill; W. D. GATTON, Grand Jury foreman; John Q. PAGE, Circuit Attorney; state witnesses, W. W. RAMSEY, D. L. MURRY, H. G. TRAVIS and B. RYAN; charges Mansker on unspecified day “in December 1868 did ... shoot W. W. Ramsey with a loaded pistol ... with intent then and there him the said Ramsey unlawfully feloneously on purpose and of his malice aforethought to kill and murder.”

331. State of Mo. vs Raiborn PAUL, robbery.
Indictment: 15 May 1862; true bill; E. GAITHER, Grand Jury foreman; Nathan BRAY, Circuit Attorney pro tem; state witness; N. C. HOWARD; charges Paul and five other persons whose names to the jurors aforesaid are unknown heretofore to wit on the 2nd day of February A.D. 1862 at the county of Lawrence and State of Missouri with force and arms did then and there feloniously put one N. C. Howard in fear .. and did ... steal ... one certain bed blanket of the value of five dollars and one certain pair of boots of the value of five dollars.
Capias: 7 May 1869; Rabran Paul; executed 7 May 1869 by Thos. B. SAMUEL, sheriff.
Subpoena: 23 Sep 1869; H. C. Howard for state; not found in county 29 Oct 1869 by Thos. B. Samuel, sheriff.
Subpoena: 2 Oct 1869; Nelson KNIGHT, James WILSON, Benjamin KEY for defense, executed in Jasper County to Knight and Key on 28 Oct 1869, Wilson not found in Jasper County by W. P. RALSTON, deputy, for Clinton E. SPENCER, sheriff.

332. State of Mo. vs Raiburn PAUL, robbery.
Capias: 7 May 1869; Ranbon Paul; executed and bond taken 7 May 1869 by Thos. B. SAMUEL, sheriff.
Subpoena: 22 Sep 1869; James J. CHERRY for defense; executed 25 Oct 1869 by W. H. JOHNSON, deputy.

333. State of Mo. vs Thomas BERRY, robbery.
Bundle endorsed "Nolli Prosiqui "F" page 213."
Capias: 22 Jun 1868; Thomas BERRY; not found in county 29 Oct 1868 by T. L. DOWNING, deputy for James F. GIBSON, sheriff.
Capias: 7 May 1869; Thomas Berry; executed and bond taken 7 May 1869 by Thos. B. SAMUEL, sheriff.
Subpoena: 22 Sep 1869; Riley YOUNG and Andrew STARRETT for state; executed to Anderson Starrett 1 Nov 1869 and Young not found in county by John T. GULLETT, constable of Vineyard Township.
Subpoena: 1 Nov 1869; Thomas BOYD, Anderson Starrett, Elizabeth ATWOOD and Polly YOUNG for defense; {execution partially glued to bundle} executed by Maurice GALATIAN on 1 Nov 1869.

334. State of Mo. vs Thomas BERRY, larceny.
Bundle endorsed "Nolli Prosiqui "F" page 213.
Capias: 22 Jun 1868; Thomas Berry; not found in county by T. L. DOWNING, deputy.
Capias: 7 May 1869; Thomas Berry; executed and bond taken 7 May 1869 by Thos. B. SAMUEL, sheriff.

335. State of Mo. vs Thomas BERRY, felonious assault.
Bundle endorsed "Nolli Prosiqui "F" page 214."
Capias: 7 May 1869; Thomas Berry; executed and bond taken 7 May 1869 by Thos. B. SAMUEL, sheriff.
Subpoena: 22 Sep 1869; Elizabeth ATWOOD for state; not found in county 30 Oct 1869 by Thos. B. Samuel, sheriff.

336. State of Mo. vs Thomas BERRY, felonious assault.
Bundle endorsed "Nolli Prosiqui "F" page 214."
Capias: 7 May 1869; Thomas Berry for shooting with intent to kill; executed and bond taken 7 May 1869 by Thos. B. SAMUEL, sheriff.
Subpoena: 22 Sep 1869; Riley YOUNG and Anderson STARRETT for state; executed to Starrett 1 Nov 1869 and Young not found in county by John T. GULLETT, constable of Vineyard Township.

337. State of Mo. vs David H. ALLEN, felonious assault.
Subpoena: 28 May 1869; Juneius ROUK for state; executed 28 May 1869 by A. W. GRAMMER, constable.
Subpoena: 28 May 1869; Elijah CANNADAY, A. J. HENDRICK, G. W. WEBB, P. S. SINCLEAR, John BROWN, S. P. WALLER, and P. M. SLAUGHTER; executed 29 May 1869 by A. W. Grammer, constable.
Subpoena: 28 May 1869; Phariss, STOCKING, Cassidy for state; executed to Phiney? Pharris, Dr. STOCKING and wife, CASSIDY on 28 May 1869 by A. W. Grammer, constable.
Subpoena: 28 May 1869; Martha TADD, Nannie ROUK, W. H. MCCULLAH, Tines HOMES, F. M, MOORE, Daren TADD, Thomas STACY, Betty TADD, Bill BARTON for defense; executed 28 May 1869 by A. W. Grammer, constable.
Subpoena: 29 May 1869; James C. WATSON and Danel HURST for state; executed 29 May 1869 by A. W. Grammer, constable.
Affidavit: 29 May 1869; Joshua HOLT, J. P.; Jurnius A. Rouk upon oath says on 27 May 1869 David H. Allen assaulted Rouk with a pistol and did beat, wound maltreat and do great bodily harm with a horse whip. J. A. Rouk, his signature.
Subpoena: 31 May 1869; John Brown and George WEBB for defense; executed 31 May 1869 by A. W. Grammer, constable.
Testimony of witnesses: Juneus A. Rouk {illegible} and says upon his oath as follows: Was at school. Started to go home. Saw defendant at SAINTCLARE'S. STORE. To avoid a dificulty turned and went to SEAMAN'S. STORE. He said to Elisha CARMADY that the defendant was armed and tha let no go by Seaman's store {illegible.} Allen between Dr. SLAUGHTER'S. house & Seaman's Store. Allen said if I said a word he would blow my brains out. He had a whip in one hand and a pistole in the other. He pointed the pistol right at me. The whip was a black snake horse whip. He whip me with it. He come up to me and stuck his pistol at me and whiped me tile he was satisfied and then got on his horse and rode of{f}. After he quit whipping me he told me that if I did not walk strait he would shoot me through & through or my hart out. I do not know which he said. I went down to SaintClare's store then to NEECE'S STORE then went on home. Allen got on his horse and rode of{f.}. In Lawrence County State of Missouri. Dr. Allen gav me the whipping and identified the person. On the 27 day of May 1869. Cross examination: Allen was 8 or 10 steps from me when he first drew his pistol on me. He then came right up to within four feet of me. 5 or 10 minutes with his pistol in his hand all the time. Nothing between me and him all that time. He did not draw the triger but held his thumb on the hammer. I do not know whether he had the pistol cocked or not. He held the pistol in his left hand and the whip in his right. He used the horse whip with his right hand. I did nothing while he was within four feet of me for 5 or 10 minutes or while he was whipping me. He had his pistol pointed at my head part of the time and also part of the time at my body. I did not look at the pistol particularly all the time. I was watching the whip. Reexamination: The pistol frightened me. All I was afraid of was the pistol. Scared and over powered and could not do any thing. Re cross examination: I got hurt. It was the whip that hurt me. It was the pistol that scared me. I was not afraid of a whip. Reexamination. I was not afraid of his killing me with the whip but was afraid of the pistol. Juneious A. Rouk, his signature. Recalled: The wounds was produced by Mr. Allen's whiping. The same wounds that Dr. Slaughter and Dr. Stackings examined. Cross examination: The wounds were made on Thursday and the Doctors examined them on Saturday. I had done nothing particular for them only put some turpentine on them. I was about seventy five yards from Dr. Allen when I first saw him that evening. I knew Dr. Allen was armed for I saw the pistol.
Elijah Canady being duly sworn deposeth & sayeth: When Dr. Allen turned the corner of Dr. Slaughter's new House, just as he got at the corner, he drawed his pistol at Juneius Rouck and walked up to him. I did not understand what Allen said then. Allen told him to stand. If he said a word he would blow his heart out. Allen had his pistol pointed at him at that time and kept it pointed at him all the time. Allen had his pistol in his left hand. Allen had his thumb on the hammer of the pistol. Do not know whether he cocked it or not. Allen then struck Rouk one or two blows with his horse whip and said you called Nanni a damd hoar this morning. He then struck him again with his horse whip. I think he struck him twenty or twenty-five times in all. The whipping took place about four oclock P.M. Elishe Cannady identifies the prisoner. J. A. Rouck done nothing but jump up and down and said ok, don't Doc. I was within seven or eight steps of him. I did nothing but stand and look on. After he quit whipping him he toled him to walk strait and go home. Allen then left. Direct examination: The whip was a black snake horse whip about 5 feet long. The pistol was what they call a navy pistol. He held the whip in his right hand and the pistol in his left hand all the time that I saw him. The whipping took place the 27th of May Lawrence County State of Missouri. Elijah CANNADY, his signature. {29 May 1869}
A. J. Hendrix being duly sworn deposed and said: When he steped out of Seaman's store he saw Allen turn the corner of Mr. Slaughter's office. He had his whip in his right hand and his pistol in his left hand. He presented his pistol at Mr. Rouk and told him if he moved or said a word he would shoot his heart out. Then went to whipping him with the whip that he had in his right hand. When he got throug(h) whipping he told Rouk to take the road and start and Rouk went of. When he first commenced whipping he had his pistol presented right against Rouck's breast and while he was whipping his left hand would fall and raise any time he would strike him with the whip. He struck about as fast as he could strike and strike his best. I don't recollect that he made any threats. He presented the pistol only the one {time} he made at the {illegible.} The whipping took place in the town of Marionville, County of Lawrence and State of Missouri on the 27th day of May 1869. Crossexamination: I was within fifteen feet of them. I did not see anything to prevent Allen from shooting Rouk without it was that Rouk maid no resentment. Allen was within 2 or 3 feet of Rouk for some 10 or 15 minutes. When they parted Rouk went North down the street. Allen went to the stable and got his horse. No one parted them. Allen went of his own acord. Allen could of shot Rouk if he had wanted. There was nothing to hinder him. Direct examination: Rouk said dont, doc! Dont doc! and did nothing else while Allen was whipping him. Mr. Rouk made no resistance at all. Jack Hendrix identified Mr. Allen. A. J. HENDRIX, his signature. {29 May 1869}
Dr. P. M. SLAUGHTER being duly sworn deposed & Said: I am a physician. I was called on the morning of the 29 of May 1869 and did so. I found his back shoulders at arms very badly brused. Sume points had the appearance of the skin having been laid open by a whip. I did not count the number of marks, but at t{w}o places could not cover the discolored skin with my hand. P. M. Slaughter, M.D., his signature. {29 May 1869}
Dr. Stocking after being duly sworn deposeth and says: On Thursday the 27 Instant 1869 about 4 o'clock in the afternoon I was at work in Dr. Slaughter's office. I heard some loud talk. 'Boy, what have you been talking about. I have heard a {illegible} of your talk now you have got to take it. The next I heard was the crack of a whip appeartly. I stepped to the window and looked out. I saw between Mr. Slaughter's office and Mr. Seaman's building one man a using a whip on a nother. The witness says he thinks D. H. Allen is the man. He would whip a while with his whip then stop and rase his revolver to his head. Told him if he stood he would blow his damd brains out. I think three or four times stopted whipping. When he would stop he would point the revolver either at his breast or head. The revolver was not cocked. I did not see whether the revolver was loaded or not. When he could commence whipping again he would lower the left hand. When got through whipping him he told him, the Boy, to walk strait and pointed the revolver at him. During the whipping the Boy or the one that was getting the whipping would say oh, dont and something else that I could not understand. When he pointed his revolver at his head he said if you stir I will blow your damd brains out. When pointed at his breast he would say I will blow your heart out. Suposed to be in Lawrence County and State of Missouri. Witness states that he saw Mr. Rouk. Several black and blue marks, sixteen I think and marks on right side supposed to have been cut with whip. Some marks on his hands appearantly cut. He appeared to {portion is illegible} whip that was used was a tollarble low black whip raw hyde or stuffed whip. I do not no which. Whip about 3 1/2 ft long. Cross examination: Nothing prevented the man that had the pistol in hand to have shot the other if he had wanted to. D. H. Allen left with his own accord. No one parted them. Held whip in right hand and pistol in left {hand.} The whip by the but and used the small end used pretty {illegible} the hole lenghth of whip. Whipping was on Thursday. I examined Mr. Rouk Saturday. Do not no the wounds I examined were produced by the whipping. Pistol pointed at man's hed twice once at his breast. T. Stocking, his signature. (31 May 1869}
Napolian PHARIS being duly sworn deposeth and sayeth: Two week ago yesterday I heard Dr. Allen say that he had a notion to load up his double barel shot gun and blow his hart out. He didn't say which one of the Mr. Rouk's but we were talking of Juneius Rouk at the time. Cross examination: We were talking together about half an hour that evening. We were talking about the way Mr. Rouk was carring on. Napolian Phariss, his signature. J. C. WATSON has being duley sworn deposeth and sayeth: Mr. Allen came to the house where miself and Mr. Hurst were at work. The conversation between me and Dr. Allen was about the dificulty between Mr. Rouk and his wife. He stated to me that it was more than he could bare, speaking in reference to something what Mr. Rouk should of said. To the best of my recollection he didnt know whether to whip him or shoot him. As he stepped out to the best of my recollection he said that he would kill him if he was hung for it. This conversation taken place the 27 day of this month 1869. It was between three and four oclock in the evening when this conversation taken place. The witness identifies Dr. Allen as being the man with whom he had the conversation. James C. Watson, his signature. {31 May 1869}
Geo. W. Webb being duly sworn deposed and said: He loaned Mr. Allen a whip the 27 day of May 1869. He did not tell me what he wanted with a whip. I saw him use the whip on Juneius Rouk. He said that he did not know where the whip was now. I saw the whip last in my livery stable yesterday evening. I missed the whip this morning about eight’o'ck. I keep the stable locked but there's a board of{f} on the back side that a man could get in at. The whip was a blacked snake whip. He says the whip was about 3 1/2 feet long. He identified the man that he loaned the whip to. The whole transaction took place in Lawrence County State of Missouri. George Webb, his signature. {29 May 1869}
Evidence on the behalf of the defendant: John Brown being duly sworn deposeth and sayeth: I was near enough to hear. I was within fifteen steps of them when the fracus took place and walked up within six or eight steps. One time Dr. Allen made a halt'or stopped while wiping and only once. To the best of my recollection Dr. Allen did not point his pistal at the head of Mr. Rouk and say if you ster I will shoot your dam brains out nor at his breast and say if you ster I will shoot your dam heart out. Dr. Allen told me to come and go with him. John Brown, his signature. {31 May 1869}
John McCullah being sworn on his oath says: I was within sight within one half minut after the whiping commenced between Dr. Allen & Rouk and was within hearing in one half minut after the fight commenced. Dr. Allen made one pause during the during the whipping and only one and that only long enough to get his breath. Dr. Allen did not point his pistol at Rouk's head while I was in hearing and say if you ster I will blow your dam brains out, nor at his breast and say if you ster I will blow your damed heart out. Cross examined. He might of said if you dont stand still I will blow your dam heart out before I got down there. He might of used language that I don't recollect but he did not say anything that I don't recollect. Jno A. MCCULLAH, his signature. {31 May 1869} George W Webb being sworn on his oath says: I was in sight and hearing when this fray taken place between Dr. Allen and Mr. Rouk. Allen made only one little hault of about two seconds in the whipping. He did not stop in his whipping and point his pistol at Rouk's head and say if you ster I will shoot your dam brains out nor at his breast and say if you ster I will shoot your dam heart out. Reexamination: If you move I will kill you. It was when Allen first came up to Rouk that he said so. George Webb, his signature. {31 May 1869}
Recognizance: 31 May 1869; D. H. Allen with James M. MOORE and Joseph B. BROWNING as securities, their signatures; $500.
Recognizance: 3 Jun 1869; Junius A. Rouk (did not sign or make his mark), Elija Cannady, A. J. Hendrix, James C. Watson, Danill HURSH, George Webb, Napolian Pharis and P. M. Slaughter, their signatures; $50.
Indictment: 8 Nov 1869; true bill; Jas. W. DAVIS, Grand Jury foreman; charges felonious assault.
Capias: 20 Nov 1869; D. H. Allen; not found in county on 1 Apr 1870 by W. H. JOHNSON, deputy.
Capias: 2 Jul 1870: D. H. Allen; executed 2 Jul 1870 by W. H. Johnson, deputy.
Recognizance: 2 Jul 1870; D. H. Allen with W. C. WILSON and P. A. MEDLIN as securities, their signatures; $1000.
Subpoena: 21 Oct 1870; A. J. Hendrick, E. Cannady, P. S. ST CLAIR, John Brown, S. P. Waller, and P. M. Slaughter for state; executed to Waller on 31 Oct 1870 and to all others 26 Oct 1870 by R. J. D. STEPHENS, deputy.
Subpoena: 26 Oct 1870; J. A. Rouk and P. Pharis for state; Rauk not found in county 26 Oct 1870 by R. J. D. Stephens, deputy.

338. State of Mo. vs Aaron COKER and Edward CRUMP, disturbing religious worship.
Indictment: 12 May 1869; true bill; J. L. HOLT, Grand Jury foreman; John Q. PAGE, Circuit Attorney; state witnesses Clem WILSON, Geo. WATKINS and John BAKER; charges Coker and Crump on unspecified day in 1869 disturbed a congregation of people by .. making a noise by rude and indecent behavior and profane discourse..
Capias: 12 May 1869; Edward Crump; not found in county 15 May 1869 by R. S. WILKS, deputy.
Capias: 12 May 1869; Aaron Coaker; not found in county 15 May 1869 by R. S. Wilks, deputy.
Capias: 30 Sep 1869; Edward Crump; executed 26 Oct 1869 by R. S. Wilks, deputy.
Capias: 12 Feb 1870; Aaron Coker; executed and bond taken 17 Mar 1870 by W. H. JOHNSON, deputy.
Recognizance: 26 Oct 1869; Edward Crump with Benjamin H. MATTHEWS as security, their signatures; $200.
Recognizance: 17 Mar 1870; Aaron Coker, his mark, with H. B. OVERTON and B. R. Matthews as securities, their signatures; $200.
Subpoena: I Apr 1870; Clem Wilson, Geo. Watkins and John Baker; executed 12 Apr to Baker, 13 Apr to Wilson and 3 May to Watkins by Thos. B. SAMUEL, sheriff, and Thos. H. JONES, deputy.
Bill of costs: undated; endorsed plea of guilty and fine against each of $10.00; 11 May 1870, Book F, page 312; Payments include $36.00 to sheriff for boarding Apr 14 to May 13, 60 days at $36.00; also $3.00 to KELTON for medicine and medical attention, and $2.00 each to Henry SMITH and Charles THOMPSON for 1 shirt and 1 pair of drawers each.
Execution: 20 Mar 1870; Coker and Crump; not executed, no property found in county this 8 May 1871 by Wm. H. Johnson, sheriff.

339. State of Mo. vs William DAVIS, grand larceny.
Affidavit: 12 Sep 1869; James W. DAVIS, J. P.; Norman GIBBS on his oath says that he has reason to believe on fifth day of September AD 1869 ... John CRISP and William Davis ... did ... steal ... one certain gray mare of the value of fifty dollars and one certain other gray mare of the value of fifty dollars ... the property of Sarah N. CHILDRESS.
Capias: 12 Sep 1869; John Crisp and William Davis; executed 12 Sep 1869 by Wm. H. JOHNSON, sheriff.
Subpoena: 13 Sep 1869; John Hewlett and Wilson CHILDRESS for state; served to Hewlett "13 August 1869" by John W. BLUNT.
Subpoena: 13 Sep 1869; Sarah Childress, Wilson Childress, Lacy CHILDRESS and William M. HARPER for state; executed 14 Sep by John W. Blunt.
Subpoena: 13 Sep 1869; Pinkney Mann for state; executed by Lewis A. SPILMAN 14 Sep.
Witness Recognizance: 14 Sep 1869; John M. HULETT, Pinckney MANN, Lucy C. CHILDRESS, Sarah V. CHILDRESS and William M. HARPER, their signatures; $50 each.
Bill of costs: undated; $5.00 to sheriff for boarding prisoners on 13 and 14 Sep 1869.
Indictment: 2 Nov 1869; true bill; James W. Davis, Grand Jury foreman; John Q. PAGE, Circuit Attorney; state witnesses, Sarah Childress, John M. Hulett, Pinkney Mann, Lucy Childress, C. W. LAYTON and Andrew SPAILIN.
Capias: 2 Nov 1869; William Davis; executed "2 October 1869" by W. H. Johnson, deputy.

340. State of Mo. vs Lawson HILL, contempt.
Rule: 10 May 1869: "Now at this day it is ordered by the Court that a rule go against Lawson Hill for an alleged contempt of Court in refusing to appear in Court to serve as a juror in this cause {Mo vs Thomas ALLEN, et al} in obedience to this summons. Rule executed by Wm. H. JOHNSON, deputy, by delivering a copy to Hill 25 Aug 1869.

341. State of Mo. vs Wm. A. MCCANSE, contempt.
Rule: 12 May 1869: "Now at this day it is ordered by the Court that a rule go against Wm. A. McCanse returnable to the next term of this Court requiring him to appear in this Court and show cause if any he have why he shall not be fined for an alleged contempt of this Court in refusing to appear & serve as a juror in obedience to this summons {Wm. ROPER, et al, vs Wm. F. ROPER}; Executed 7 Sep 1869 by Wm. H. JOHNSON, deputy.

342. State of Mo. vs James E. EVANS.
Affidavit: 26 Jul 1869; Martin ADAMS sworn says ... James E. Evans, Richard MCFALL and Joshual L. RUSSELL... on or about 23 Jul 1869... assemble together with intent to commit an unlawful act, towit, for the purpose of proceeding to the house occupied by affiant and there and then to forcibly and violently compel him, affiant, to leave his home with his family; Martin B. Adams, his signature.
Warrant: 26 Jul 1869; James E. Evans, Richard McFall and ? Russel; executed 28 Jul 1869 to Joshua L. Russel and James E. Evans by Andrew TARTER, constable of Green Township, Richard McFall not found in county.
Transcript: 28 Jul 1869; James W. DAVIS, J. P.; $200 recognizance given by Joshua B. Russel with Daniel SLOAN as security; Evans failing to give the bail required the justice doth therefore order that the said James E. Evans be committed to the common jail of said county.
Recognizance: 30 Jul 1869; James E. Evans with William BOSWELL as security, their signatures; $200.
Endorsement on bundle: 31 Jul 1869; not a true bill; James W. Davis, Grand Jury foreman; endorsement reads "prosecutor to pay costs."

343. State of Mo. vs A. C. DAVIDSON and J. T. DAVIDSON, disturbing peace of a family.
Affidavit: 22 May 1869; Alvah R. SUTTON sworn and sayeth that on or about the 14th day of May 1869 Davidson and Davidson ... by loud and unusual noise, loud and offensive conversation, and by threatning and quarling and abusing this affiant in the presence of his family.
Warrant: 22 May 1869; Abram C. Davidson and John T. Davidson; for disturbing the peace of the family of Alvah R. Sutton; executed 24 May 1869 by W. H. JOHNSON, deputy.
Subpoena: 22 May 1869; Alvah R. Sutton, Dred JONES, Charlotte SUTTON, James ALLEN, John W. FILLER and Charles F. FILLER for state; to appear before James W. DAVIS, J. P.; James Allen not found in county. Executed 22 May to C. Sutton, Filler and Filler by W. H. Johnson, deputy, and to A. Sutton and Jones 22 May by John W. Filler.
Testimony of affiant: 24 May 1869: Alvah R. Sutton ... being duly sworn deposeth and says: on or about the 14th day of this present month I was breaking prairie. I was about one third of the way from the south end of the land we was breaking. My attention was drawn to two men standing at the north end of the land I was breaking. When I got to the end Abram C. Davidson and John T. Davidson was there. A. C. Davidson said see here old fellow do you know what you are about. I said I thought I did, I was breaking prairie. Then both of the men commenced in a boisterous conversation louder than common. They saying to me that I was acting mean. A. C. Davidson stating that it was his claim and he'd be damned if he dident have it, and that he would till that land next season in spite of me or anybody else. I said I thought he would not. I said that if you came for a fuss I would drive on. I told them to talk peaceable or go away and they both continued to talk in a boisterous manner and I told my driver to drive on. When I started Tom Davidson called me a damned old son of a bitch several times, and both of them told me that they would give me a whipping if I did not leave the field and quit breaking on that claim. They said if I would stop they would talk peaceable. I stoped but they commence in a boisterous tone as usual. I looked towards the house and seen my family coming towards us (my wife and my two daughters.) Abram also said to my driver that if he drove on he also wold get into a scrape this was about one fourth of a mile from the house. I drove on towards the south end of the land and A. C., J. T. Davidson went on to the house. When I got to the south end of the land I was breaking I was in about 20 rods of the house. The said A. C. and J. T. Davidson was at the yard gate. I heard their voices, so that it disturbed me. I couldn't distinguish what the{y} said except some oaths such as dam and God dam. I could see their gestures which I could understand by their gestures that they were mad, which terrifed me and made me believe they were abusing my family. I went up to the house and said now boys as a friend I well advise you to go away peaceable and let us alone. They said they would be damned if they did they woud stay as long as they pleased. Tom asked me if I was going to move that fence. I said that was my business. He said if I did I would have a damned good time of it. Their tone of voice was about the same as it was out in the field. I told them that I thought they was not in the right fix to talk about that matter. They wanted to know what that fix was. I told them I thought they had seen a bottle or taken the contents of a glass that had whiskey in it. They said that they had not drank any whiskey. I said it was intoxicating liquor anyhow. This was in Lawrence County and State of Missouri. When they first commence there was a man by the name of Jones present. Also Charles Filler and John Filler came there in the time. Also James Allen passed by the house in the time. Cross examination: I am a step father to the defendant to the best of my understanding. I have been marred about 5 or 6 weeks. I was plowing on a railroad claim, claimed by my wife. They did not tell me that they came to talk about that claim. They did talk about the claim. I talked with the defendant about the claim this spring for the first time after I had set the stakes in the claim. This was in the presence of Finn. When the defendants came where I was plowing one or both told me to leave that claim. They were outside of the gate when I went to the house. My wife and family was at the house. The gate was about two rods from the house. I did not hear my wife invite the defendant to come into the house. I told them not to come in. Reexamined: They did not talk peaceable after having said they would. My wife appeared to be in a distressed condition when I went to the house so much so that she was shedding tears. Cross examination reexamined: I was outside of the gate when I first discovered my wife was shedding tears. Alvah R. Sutton, his signature.
John W. Filler produced & sworn deposeth and says: the first thing he h{e}ard of the talking was Tom Davidson said he was 21 years of age. Speaking to sutton and said back to him if he wanted to. This was at the north side of the claim and about 1/4 mile from the house where Sutton lived. I was about 1/4 away from where they were. Mr. suttons family was about the same distance away from them or a little futher. I hear Tom Davidson and Abe order Mr Sutton to stop at different times. I heard them talking in a loud voice for 15 or 20 minutes but could not understand all they said they talked so fast. Tom dident say anything or do anything that I heard at the house of Mr. Sutton or seen out of the way. I passed by the house while the boys were there, this was in Lawrence County and State of Missouri on the 14th day of May 1869. Crossexamination: I was not 1/4 mile frome the house not more than 1/2 on from the house. When I first heard the fuss I was plowing. I stoped to listen I could hear suttons voice but could not understand anything he said. The boys talked so much loudere than sutton. Tom was talking about that claim when I heard them. John W. Filler, his signature.
John T. Davidson upon his examination now taken before me says: on or about the 14 day of May 1869 I went from Mt Vernon to Plummers Mill. It was on Abe's way and he said we would go by and see Sutton about the claim. We went there and he was about the middle of the land he was plowing coming to the end where we was. He drove to the end. We asked him to stop and talk to us but he drove on. He said he did not kere about talking to us. He did not think we was in the right fix for talking. I asked him what was the reason that we wasant. I want to know his reason. He said we had been drinking. I told him we had not. He drove on and we got on our horses and went to the house. Abe said he wanted to talk with mother. I might have swore some while I was in the field. He asked me how old I was. I told him I was 21 years of age. When we got to the house Abe asked Mother if she would talk with him. She said she would. She told us to get down and come in and she would talk to us about the claim. We got down and Abe opened the gate to go in and Mr. Sutton told us not to go in if we did it would {be} at our own risk. I told Abe then lets get on our horses and go. I did not see mother or any of Mr. Suttons family when I first went to the field. I went there on business entirely. I did not disturb the family of Mr Sutton intentionally. It was a windy day the wind was from the north west and further sayeth not. J. T. Davidson, his signature.
A. C. Davidson being duly sworn deposeth and says: I was present with Tom Davidson on the 14th day of May 1869. I was going home and went to Mr Suttons with Brothe{r} Tom to see Mr. Sutton about a claim. I know of my own knowledge that Tom Davidson did not go to Suttons to raise a fuss because he said {he} thought well of Mr Sutton and said he would not have iny fuss with him. We had no other object in going there than to talk about a claim. When we went up there I said to him see here old fellow do you know what you are doing here, this is my claim. I asked him for a civil conversation. I did not at that time see anything of his family. I did not see his family until I went to the house. The defendant was on good terms with his mother before that time and has been si{n}ce that time. I was with the defendant all the time while he was there. The Defendant never done or said anything to the family. I did not hear the Defendant make any loud or unusual language in the presence of his family. I talked loud at the house so I could be heard. The wind blew hard from the north. I did not hear any threats made in the presence of his family. I did not hear the defendant quarreling with Mr Sutton at any time in the presence of his family. Cross examination: I done the talking. Tom said he had acted the damned Rascal or somthing to that amount. I dont know where Mr Sutton's family was at the time we was in the field. The Defendant did not go beyond home to go to Mr. Suttons. I am friendly at this time with Mr. Sutton. Reexamination crossexamined: It was prairie country. Mr. Jones & Mr. Sutton, Tom and myself. I did not see anyone else. Reexamined: There is fence and trees close to the house about one fourth mile from us. The family might have been behind said trees or fence and I not seen them. A. C. Davidson, his signature.
Recognizance: 25 May 1869; John Thomas Davidson with Andrew J. Davidson as security, signatures "J. T." and "A. J."; $250.
Recognizance: 25 May 1869; Abram C. Davidson with Andrew J. Davidson as security, signatures "A. C" and "A. J"; $250.
Witness recognizance: 25 May 1869; Alvah R. Sutton, John W. Filler, Charles F. Filler, Dred Jones., their signatures, and Charlotte Sutton, her mark; $50. Bundle endorsed: filed 9 Aug 1869; Henry C. LOLLAR, clerk; not a true bill; James W. DAVIS, Grand Jury foreman; county to pay costs.

344. State of Mo. vs Henry POWERS and George WILKS, maiming cattle.
Affidavit: 21 Jul 1869; John WHITE makes oath and says that on the 28th day of July 1869 Henry Powers and George Wilks maimed and wounded one certain cow the property of said John White with clubs sticks and stones and by setting dogs on to tear and wound the said cow; John White, his signature; Joseph BATESEL, J. P.
Warrant: 21 Jul 1869; Henry Powers and George Wilks; executed 30 July 1869 by G. T. CAVENOR, constable of Spring River Township.
Summons for jury: 30 Jul 1869; To constable of Spring River Township to bring six good and lawfull men to appear before J. P. Batesel in Verona to make a jury for Mo vs Powers and Wilks; names listed on back are B. L. WAGONER, Josiff MATHIS, J. M. MILLER, J. M. HOOVER, A. P. WEST; names A. J. SMITH and A. J. ARMSTRONG marked off.
Subpoena: 30 Jul 1869; Mary POWERS, Caroline POWERS, Malysa POWERS, John SETTLES, David BINGHAM, R. S. WILKS, John WILKS and James F. GIBSON for state; executed 30 Jul 1869 by G. T. Cavenor, constable.
John White, of lawfull age, being sworn and examined on his oath says as follows: I have a cow that was wounded and beaten up last Wednesday. She is bruised and torn up by dogs pretty near all over. Her eyes seem to be out. She cannot see but runs against the fence, tree or anything. Her horns are slivered and scaled up. There is a considerable {illegible} on her left side looking some as if her ribs might be broke. She has not eat or drink any since until last evening she ate a little for three days. She seems to be wounded in one shoulder that she cant use it good. Her nose is chawed off bad and one of her forelegs also up close to her body. You can see marks pretty much all over her where the hair is knocked off. On Wednesday morning she was a sound cow. She is the property of John White. She is a little over a common size cow. I suppose nine years old, principally red colored--some white on her back and belly. John White, his signature.
Nancy Powers of lawful age being sworn deposes and says: I knew that Henry Powers and George Wilks were after a cow in the field and I heard them beating her. I saw them running the cow. It sounded as though they were beating her with a stick or club. I heard George calling to Henry to hit her. I told them to turn the cow out before they had hurt her much. I saw the cow afterward. She was bleeding at the nose. They were after the {illegible} about half an hour. Think I heard them beating her for five or ten minites and then I went in the house and did not listen anymore. I could see the cow when she got up toward Mr Wilks. I saw her up there three or four times while they were after her. And I saw them after her on horseback. The balance of the times they were on foot. They had three dogs after her. They were hissing the dogs on. The cow was John White's. All this took place in Lawrence County, Missouri. Witness identified the prisoners. Cross examined by deft Atty, A. G. McCune: There was corn growing in the field. That was the first time I knew of the cow being in the field. I could not see them at the time they were beating the cow. Don't know whether they had anything in their hands when I saw them after the cow. Nancy Powers, her mark, attested by U. Brumback, his signature.
Malissa Powers, of lawful age, being sworn says on her oath as follows: I saw Henry Powers and George Wilks on Wednesday last in the month of July 1869 running a cow. They were not running the cow for more than an hour, if that long. They were running her awhile on horseback and then took it afoot. They had four dogs after her. I heard some beating for five minutes or so but that sounded as if with small switches not an inch thick. I saw them have switches in their hands when they came to the gate. The ends looked as though they had been slivered. This took place in Lawrence County Missouri. Witness identifies prisoners. Cross examined: Could not see the boys when they were beating the cow. It was five minutes or longer after I saw them running the cow until I heard beating. Do not know for certain that it was the cow they were beating. They were running the cow as if they were trying to drive her out of the field. Malissa Powers, her mark, attested by U. Brumback, his signature.
Richard S. Wilks of lawful age being sworn says: Last Wednesday, in July 1869, I saw two persons after a red cow brute I was at work at my {illegible} in the farm across from my father's residence. just before noon of last Wednesday my brother's wife hallowed to me "{illegible} them cattle in the field. What'll be done about it" I said tell Anna about it and let her go home and see about it. I saw cattle in the field next to the creek. Some time after I saw a person near the cattle riding a horse that I took to be my Father's and even after I saw another person on a white looking animal that I took to be a gray mare of my father's. Some time after I saw these two persons chasing the red cow brute down on the lower part of the farm through a {illegible.} They were out of my sight then for two to five minutes and I heard persons calling dogs. Two persons on horseback and a dog or two then ran the cow brute back east {illegible} some weeds where the cow and dog or dogs were out of my sight. The persons called a short distance from where the cow was and one of them dismounted and made toward where the animal was the last time I could see it. I could not see the person in the weeds and in a minute the other person dismounted and went in the same direction. While they were out of my sight I heard them {illegible} in dogs. I think they were between one and three minutes and they then all appeared in sight again. Cow persons and dogs were {illegible} all travelling apparently as fast as they could in a N.E. direction along a fence and the boys appeared to be helping the dogs. The cow then run up the creek fence to about the place where I first saw the cattle and there I think the cow was down. Whether she fell down or the dogs pulled her down I do not know. They were there some little time and I saw one of the persons step off to where there were shrubs growing. Soon after that I saw motions of a switch, stick or something that one of the persons was beating with. I cannot tell whether he was whipping the ground, the cow or what. They were there a very short time and then took back the creek fence and the persons seemed to be hissing and they disappeared from my sight again. About this time I seen some person come to the fence near the corner of the field and get on the fence and saw him motion with his arm above his head. The man up on the fence went toward where the gate was and I thought to open it as the cow and the two persons came back down the fence and they went out at the gate as I thought. My impression is that they were about between half an hour and an hour from the time they came in the field till they went out. I thought they were John White's cattle from some white footted one I saw which I am very familiar with. This was in Lawrence County, Missouri. I believed that the persons were George Wilks and Henry Powers because they were working at Father's and were mounted on animals I took to be Father's. Cross examined: John White's cattle have the reputation of being {illegible.} Did not know the dogs, but thought one was Father's old dog. R. S. Wilks, his signature. R. S. Wilks, recalled says: A. moment preceding the time I saw blows I heard something and I was of the impression that it was the sound of the switch slashing, but after I looked the wind was irregular and was not certain whether what I heard was the noise of the blows. My impression at the time was that I heard the licks. I was distant about between four & five hundred yards. R. S. Wilks, his signature.
David Bingham being sworn and says: I saw a cow of John White's about {illegible} last Wednesday. She looked as if she had been badly dealt with. There was a place in one of her sides puffed and swollen as large as my two hands. Her eyes were swelled pretty bad and blood shotten so that she could not see. I know for we darted her and she staggered and like to have fallen down. She was bleeding at the nose. I saw several scratches that looked as if the hair had been torn off by dogs or scratched off somehow. One of her forelegs had been chawed by dogs. Her horns were shattered as if they had been beat or {illegible} up. This looked as if it had been done that day. I never saw that cow in anybody's field. Crossexamined: Have seen some others of White's cattle in Riley Wilk's field. Some of his cattle are said to be beachy. D. L. Bingham, his signature.
Nancy C. Powers of lawful age being first duly sworn says: I saw George Wilks and Henry Powers after a cow of John White's last Wednesday in July 1869. They were running her on nags. They were running her about half an hour. They had dogs with them, I think two. Nancy Powers, her mark, attested by U. Brumback, his signature.
Recognizance: 31 Jul 1869; George Wilks, his mark, and Henry Powers, his signature T. H. Powers, with John Wilks and William R. Wilks, their signatures, as securities; $300.
Witness recognizance: 31 Jul 1869; Nancy T. Powers, Nancy C. Powers, Malisey Y. Powers, their marks, D. L. Bingham, R. S. Wilks and J. S. Settles, their signatures.
Transcript: 31 Jul 1869; witnesses listed as Nancy C. Powers, Nancy T. Powers, Malissa W. Powers, D. L. Bingham, R. S. Wilks and J. S. Smith.
Outside of bundle endorsed: Filed 14 Aug 1869, Henry C. LOLLAR, clerk; not a true bill; county to pay costs; James W Davis, Grand Jury foreman.

345. State of Mo. vs John CHAMBERS, assault.
Affidavit: 10 Feb 1869; Obed W. CANTRELL, his signature, sworn and says John Chambers struck him with a club on or about 3 Feb 1869; Charles A. WILLIAMS, Notary Public; filed with James W. DAVIS, J. P., on 11 Feb 1869.
Warrant: 11 Feb 1869; John Chambers; affiant listed as Jacob CANTRELL, then Jacob marked out and O. W. inserted; executed 17 Feb 1869 by John T. GLJLLETT, constable of Vinyard Township.
Subpoena: 11 Feb 1869; D. CHAMBERS, G. CHAMBERS, N. CANTRELL, J. CANTRELL and O. W. Cantrell for state; executed 17 Feb 1869 by John T. Gullett, constable of Vinyard Township.
Affidavit: 17 Feb 1869; O. W. Cantrell makes oath and says that John Chambers on or about the 3rd day of Feb AD 1869 ... struck in at and upon the said O. W. Cantrell with a certain club; James W. Davis, J. P.
Transcript: 18 Oct 1869; endorsed "not a true bill; state to pay costs; James W. Davis, Grand Jury foreman."

346. State of Mo. vs F. W. BRECKENRIDGE, selling liquor.
Information: 26 Jan 1869; John Q. PAGE, Circuit Attorney, gives information that on unspecified day Jan 1869 Breckenridge sold intoxicating liquors to E. BERRY, George CANEFAX, Isaac BAIRD, Charlie YOUNG and William PRICE, towit one gill {sic}of the value of ten cents without having a dram shop keeper's license.
Capias: 27 Jan 1869; Francis W. Breckenridge; executed and bond taken 29 Jan 1869, Wm. H. JOHNSON, deputy.
Recognizance: 29 Jan 1869; F. W. Breckenridge with George HALEY, T. W. KELTON and Daniel SLOAN, their signatures, as securities; $300.
Subpoena: 26 Jan 1869; E. Berry, George Cannefax, Isaac Bard, Charles Young and William Price for state; executed by G. T. CAVENOR to Cannefax 4 May, Charles Young not in county, to all others {no date} by Wm. H. Johnson, deputy.
Subpoena: 23 Apr 1869; E. Berry and William Price for state; executed to Price 24 Apr and to Berry 1 May by R. S. WILKS, deputy.
Motion to quash: 6 May 1869; 1st because indictment was not filed during the setting of the Circuit court; back of document endorsed "Quashed, 156. 122"

347. State of Mo. vs F. W. BRECKENRIDGE, selling liquor.
Information: 24 Jan 1869; John Q. PAGE, Circuit Attorney, gives information that on or about 26 Jan 1869 Francis W. Breckenridge sold intoxicating liquors to Robert CROCKETT and Charles YOUNG towit one pint of whiskey of the value of one dollar with{out?} dram shop keeper's license.
Capias: 26 Jan 1869; Francis W. Breckenridge; executed 29 Jan 1869 by W. H. JOHNSON, deputy.
Recognizance: 29 Jan 1869; F. W. Breckenridge with T. W. KELTON as security, their signatures; $300.
Subpoena: 23 Apr 1869; Robert Crockett and Charley Young for state; not found in county 29 Apr 1869 by R. S. WILKS, deputy.
Motion to quash: 6 May 1869; SHERWOOD and YOUNG; 1st because indictment was not filed during a setting of the Circuit Court. Outside of bundle endorsed "Quashed, 156. 121"

348. State of Mo. vs F. W. BRECKENRIDGE, selling liquor.
Information: 16 Feb 1869; John Q. PAGE, Circuit Attorney; charges on unspecified date Breckenridge sold one half pint whiskey of the value of fifty cents to unnamed person; witness, Benj. THAXTON.
Capias: 19 Feb 1869; F. W. Breckenridge; not executed by council of J. Q. Page, states attorney this 6 May 1869 by Wm. H. JOHNSON, deputy.

349. State of Mo. vs F. W. BRECKENRIDGE, selling liquor.
Information: 26 Jan 1869; John Q. PAGE, Circuit Attorney; charges on unspecified day Sep 1868 Breckenridge sold one gill {sic} whiskey of the value of ten cents to Charlie YOUNG, Isaac BAIRD, and George CANNEFAX.
Capias: 26 Jan 1869; F. W. Breckenridge; executed 29 Jan 1869 by W. H. JOHNSON, deputy.
Recognizance: 29 Jan 1869; F. W. Breckenridge with T. W. KELTON as security, their signatures; $300.
Subpoena: 22 Apr 1869; Isaac Baird and George Cannefax for state; executed to Baird on 27 Apr 1869 by R. S. WILKS, deputy; executed to Baird on ? May 1869 by G. T. CAVENOR.
Motion to quash: 6 May 1869; SHERWOOD and YOUNG; 1st because indictment was not filed during setting of Court. Outside of bundle endorsed "quashed, 157. 121"

350. State of Mo. vs Daniel SLOAN, selling whiskey.
Indictment: 12 May 1869; true bill; J. L. HOLT, Grand Jury foreman; state witness, John C. WEAR; John Q. PAGE, Circuit Attorney; charges Sloan sold one half pint of Brandy of the value of fifty cents on unspecified date to unnamed person without having dram shop keeper's license.
Capias: 12 May 1869; D. Sloan; executed 13 May 1869 by R. S. WILKS, deputy.
Subpoena: 22 Sep 1869; John G. Wear for state; executed 25 Oct 1869 by W. H. JOHNSON, deputy.

351. State of Mo. vs Daniel SLOAN, selling whiskey.
Information: 25 Jan 1869; John Q. PAGE, Circuit Attorney, give information that Sloan on unspecified date Jan 1869 sold one half pint whiskey of the value of fifty cents to Thomas JONES, Loran WRIGHT and L. L. FARLEY without having a dram shop keeper's license.
Capias: 26 Jan 1869; Daniel Sloan; executed 28 Jan 1869 by W. H. JOHNSON, deputy.
Recognizance: 28 Jan 1869; Daniel Sloan with R. H. LANDRUM as security, their signatures.
Information: not filed, undated. Lists Dick SLOCUM as state witness, unspecified date in Jan 1869.
Subpoena: 6 May 1869; Dick Slocum; executed to Dick Slocum (collored) 6 May 1869 by Wm. H. JOHNSON, deputy.

4248. {Misfiled; document and docket dates are 1877 and 1878.} Walter E. JOHNSTON, plantiff, vs Jesse H. JOHNSTON, William W. JOHNSTON, Moses JOHNSTON, Prudence HICKMAN and James M. HICKMAN her husband, Mary JOHNSTON, Harrison M. TOMLINSON, Jesse R. TOMLINSON, Martha E. CRAIG and J. A. CRAIG her husband, George TOMLINSON, James W. TOMLINSON, William J. MANNING, Nancy Letitia MANNING and Mary C. MANNING; defendants.

Petition: States: On Jan 1859 Jesse R. JOHNSTON died in Lawrence County testate leaving widow Prudence W. JOHNSTON and seven children: Walter E. Johnston, Jesse H. Johnston, and William W. Johnston, and also Thomas A. J. JOHNSTON, Peter K. JOHNSTON, Nancy E. TOMLINSON and Prudence JOHNSTON, who were his sole heirs at law. Estate to widow containing in all 200 acres. His will dated 22 Sep 1858, probated 18 Jan 1859. On 5 Sep 1877 Prudence W. JOHNSTON died. {She had sold part of the 200 acres--description is given.}
On __day of ___ AD 18__ (after death of Jesse R.) Thomas A. J. Johnston died intestate: his son, Moses Johnston.
On __day of ___ AD 18__ (after death of Jesse R.) Peter K. Johnston died intestate: his two daughters; Prudence Johnston, who has since intermarried with James M. Hickman, and Mary Johnston.
On __day of ___ AD 18__ (after death of Jesse R.) Nancy E. Tomlinson died intestate: her children; Harrison M. Tomlinson, Jesse K. Tomlinson, Martha E. Tomlinson who since intermarried with J. A. Craig, George Tomlinson and James W. Tomlinson.
On __day of ___ AD 18__ (after death of Jesse R.) Prudence Johnston intermarried with James MANNING and thereafter departed life intestate on ________; her children; William J. Manning, Nancy Letitia Manning and Mary C. Manning.
Petition requests county sale of land with proceeds to be distributed: To Walter E. Johnston, Jesse H. Johnston, William W. Johnston and Moses Johnston; 1/7 each. To Prudence Hickman and Mary Johnston, 1/14 each. To Harrison Tomlinson, Jesse R. Tomlinson, Martha Craig, George W. Tomlinson and James W. Tomlinson, 1/35 each. To William J. Manning, Nancy Lutitia Manning and Mary C. Manning, 1/21 each. Petition also states that Jesse H. Johnston is not a resident of Missouri.
Affidavit of publication: Published 20 Dec 1877, Vol 11, No 44, "Fountain Journal," Euphates BOUCHER, publ., William N. DOODS, Notary.
Summons: 19 Dec 1877; Newton County; Harrison M. Tomlinson, Jesse K. Tomlinson, Martha E. Craig and _____ Craig her husband, George W. Tomlinson and James W. Tomlinson; executed 15 Jan 1878 by leaving a copy of this summons and a copy of the petition at the residence of Harrison M. Tomlinson with a white member of his family over the age of fifteen years and by delivering a copy of this to Jesse H. Tomlinson, James W. Tomlinson and George W. Tomlinson and that Martha Craig and J. A. Craig has not been found in my county, W. H. Baker, sheriff {Newton Co.}
Summons: Lawrence County; William W. Johnston, Moses Johnston, Anderson Hickman, Jesse Hickman, and Mary Johnson. Executed 1 Feb 1878.
Summons: Laclede County; William Manning, Lutitia Manning & Mary Manning; not found in county 1 Mar 1878.
Summons: Laclede County; William Manning, Lutitia Manning and Mary Manning; executed 9 Apr 1878.
Summons: {badly torn} 17 May 1878, Martha E. Craig and James A. Craig; executed 20 Aug 1878.
Summons: Newton County; Martha Craig and James A. Craig, the undersigned acknowledge service of the within writ and copy of petition and hereby waive all necessity of service by a legal officer, 20 Jul 1878; their signatures.
Petition: filed 31 Aug 1878; by Norman GIBBS, guardian ad litem of minor defendants; Mary Johnson (sic), George W. Tomlinson, James W. Tomlinson, William J. Manning, Nancy Lutitia Manning and Mary C. Manning; states defendants are of tender years, asks that plantiff be held to strict proof and this court carefully guard and protect the right of said infant defendants.
On front of bundle: Finds for plantiff, no date.
Affidavit of publication: Published 7 Aug 1879, Vol 4, No 24, "Lawrence Chieftain," William H. CECIL, publ., William N. Doods, notary.
Report of Sheriff: filed 30 Aug 1879; John L. WHALEY, sheriff, In obedience to order of sale after advertised 28 Aug 1879 the SW qtr of SW qtr and the NW qtr of the SW qtr and the SW qtr of the NW qtr in S. 16 and the NW qtr of the NW qtr of S. 21 in T 27 of R. 26 for the sum of $1400. Half paid by Walter E. Johnston in cash and balance secured by note at 10%. Received: $700. Expenses: E. P. LINZEE, clerk, $25.35; R. P. GOODALL, sheriff, $3; W. H. BAKER, sheriff, $5; E. Boucher, printer, $10.60; John L. Whaley, sheriff, $29; J. M. FILLER, Attorney., $100; total expenses $162.95. Balance on hands: $537.05.

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