Various Court Documents Regarding Burks, Cullman, Alabama http://files.usgwarchives.net/al/cullman/court/burks.txt ================================================================================ USGENWEB NOTICE: All documents placed in the USGenWeb Archives remain the property of the contributors, who retain publication rights in accordance with US Copyright Laws and Regulations. In keeping with our policy of providing free information on the Internet, these documents may be used by anyone for their personal research. They may be used by non-commercial entities so long as all notices and submitter information is included. These electronic pages may NOT be reproduced in any format for profit. Any other use, including copying files to other sites, requires permission from the contributors PRIOR to uploading to the other sites. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. This file was contributed and copyrighted by: Debbie Hulsey Zouras ================================================================================ October 2002 Court Records - Burks, Cullman Co AL. BURKS in Cullman Co AL Court Records See notes at end as to the relationships of these men.) The State vs Doc BURKS, W J BURKS. Circuit Court, Spring Term 1885 The State of Alabama, Cullman County The Grand Jury of said County charge that before the finding of this indictment Dock BURKE and _____ BURKE [DHZ note: the paper actually shows _____ ] whose christian name is unknown to said Grand Jury set up or carry on a concert, musical entertainment, public lecture, or a public exhibition or entertainment where charges were made for admission or for the use of an instrument or device, to wit: a flying jenny or where charges were made for the participation in an exercise or entertainment to wit: riding on a flying jenny the said concert, musical entertainment exhibition or entertainment not being given for charitable, school, or religious purposes without a license and contrary to law, against the peace and dignity of the State of Alabama. John A LUSK, Solicitor 9th Circuit Johnson P RODEN, foreman of Grand Jury. No Prosecutor. Filed in open Court this 28th of April 1885, Julius DAMUS, Clerk CC. [ ____ ] of Arrest The State of Alabama, Cullman County To any Sheriff of the State of Alabama - Greeting: An indictment having been found against Dock BURKE and _____ BURKE at the Spring Term 1885, of the Circuit Court of Cullman County, for the offense of carrying on a public Exhibition or entertainment where charges were made for admission fee without a license, you are therefore commanded forthwith to arrest said defendant and to commit them to jail, unless they give bail to answer such indictment of the next term of our Circuit Court to be holden for said county, on the 4th Monday in April 1885 and make return of this writ according to law. Witness my hand this 28th day of April 1885. John A LUSK, Sol. Executed by arresting the within named defendant and taking bond April the 28, 1885. T W MCMINN, Sheriff by A J YORK, Dpt. Bail Bond of Dock BURKS The State of Alabama, Cullman County We Dock BURKS, and Robert JONES and John B LLOYD do hereby agree to pat the State of Alabama Two Hundred ($200) Dollars, unless the said Dock BURKS apear at the next term of the Circuit Court of Cullman County and from Term to Term thereafter until discharged by law to answer a criminal prosecution for carrying on a public exhibition or entertainment where charges were made for admission and without license. And to further secure the payment of this bond we hereby expressly waive all rights of exemption we may have under the Constition and Laws of the State of Alabama. Witness our hands and seal this 28th day of April A D 1885. D E BURKS (seal) Robert [his X mark] JONES (seal) John B (his X mark) LLOYD Approved the 28th day of April 1885 T W MCMINN, Sheriff, by A J YOUR, Dpty. Filed April 28, 1885, Julius DAMUS, Clerk CC The State of Alabama, Cullman County We, W J BURKE and Robert JONES, John B LLOYD do hereby agree to pay the State of Alabama Two Hundred ($200.00) Dollars, unless the said BURKS appear at the next term of the Circuit Court of Cullman and from term to term thereafter until discharged by law to answer a criminal prosecution for carrying on a public exhibition or entertainment where charges were made for admission and without a license. And to further secure the payment of this bond we hereby expressly waive all rights of exemption we may have under the Constition and laws of the State of Alabama. Witness our hands and seals this 28th day of April A D 1885. W J BURKS (seal) Robert (his X mark) JONES (seal) John B (his X mark) LLOYD (seal) Attest: H W EBERLY Approved this 28th day of April A D 1885 T W MCMINN, Sheriff, by A J YORK, Dept. Filed April 28th 1885, Julius DAMUS, Clerk CC State of Alabama, Cullman County To any Sheriff of the State of Alabama - Greeting: An indictment having been found against W J BURKS, at the Spring Term of the Circuit Court of Cullman County for the offense of carrying on a public exhibition entertainment where charges were made for admission [ __ ] without a license, You are therefore commanded forthwith to arrest said defendant and to commit him to jail unless he give bail to answer such indictment at the next term of our Circuit Court, to be held for said county, on the First Monday in November next and make return of this writ according to law. Witness my hand, this 11th day of July 1885, Juluis DAMUS, CC. Executed by arresting the within named defendant and taking bond, Aug 10th, 1885. A J YORK, Sheriff. 2nd Bail Bond of W J BURKS The State of Alabama, Cullman County, We, W J BURKS, and Josiah BURKS and J B BURKE do hereby agree to pay the State of Alabama One Hundred Dollars ($100.00) unless the said W J BURKS appear at the next term of the Circuit Court of Cullman County and from term to term thereafter until discharged by law and answere a criminal prosecution for carrying on a public exhibition or entertainment where charges were made for admission & without a license. And to further secure the payment of this bond we hereby expressly waive all rights of exemption we have under the Constition and Laws of the State of Alabama. Witness our hand and seals this 3rd day of August A D 1885. W J BURKS (seal) Josiah (his X mark) BURKS (seal) J B BURKS (seal) Approved the 10th day of Aug 1885 A J YORK, Sheriffl Filed Aug 10, 1885, Julius DAMUS, Clerk. The State of Alabama No 223 vs Dock BURKS and W J BURKS Public Exhibition without license Minute Book Page [ __ ] On this 1st day of May 1885 comes the State by John LUSK its Solicitor and the defendant Dock BURKS in his own person. And the defendant W J BURKS being called into open court, comes not but makes default. And to the satisfaction fo the Court that said defendant W J BURKS, together with Robert JONES and John B LLOYD as his secrrities agreed to pay the State of Alabama Two Hundred Dollars unless the said W J BURKS appeared at this term of court and from term to term thereafter to answer a criminal prosecution for [ ______ ] of carrying on a public exhibition or entertainment , where charges were made for admission & without license and the said W J BURKS having failed [to appear]. It is considered by the Court that the State of Alabama for the use of Cullman County have and recover a judgement against said defendant W J BURKS and [ edge of page not copied] and John B LLOYD for the sum of Two Hundred Dollars unless they appeared at [edge of page not copied] term of this Court and show cause why this judgement should not be made absolute [edge of page not copied] Sci-- Facias issue to them as required by law. It is further ordered by the Court that [edge of page not copied] Copias issue for the arrest of the defendant W J BURKS and that the cause be [edge of page not copied] by the State. State of Alabama, No 223 vs Doc BURKS and W J BURKS Public Exhibition without license. Minute Book, Page 4--. On this 3rd day of November 1885 comes John LUSK Solicitor of the North Judicial Circuit Court for the State in this behalf, as well as the defendants in person and by their attorneys. And the defendants being arraigned in open Court upon hearing the bill of indictment in this case read, plead "not guilty" thereto. Thereupon come a Jury of good and lawful men, to wit: C J HIGGINA and eleven others,who being duly elected, empannelled, sworn and charged according to law, upon their oats do say: "We the Jury find the defendants guilty as charged in the indictment and assess a fine of Fifteen ($15.00) Dollars against them." And thereupon comes the defendants with W J OAKS, Joseph NOBINGER and Josiah BURKS, their sureties in open Court and confess judgement as provided by law for said fine and cost of this prosecution, and in favor thereof waive the right to all exemptions of personal property under the Constition and Laws of Alabama. It is therefore considered by the Court that the defendants go hense without day, and that the State of Alabama for the use of Cullman County, have and recover judgement against the said Doc BURKS, W J BURKS, Joseph NOBINGER and Josiah BURKS for said fine of Fifteen Dollars and the cost of this prosecution, with said waiver of exemption by them so confessed and for which let execution issue with said waiver of exemption endorsed thereon. The State vs W J BURKS et all No 223 1/2 Sci Fa Defaulting Debt and Bail The State of Alabama, Cullman County. To W J BURKS, and Robert JONES and John B LLOYD: - You are hereby notified that at the Spring Term 1885 of the Circuit Court of said county a judgement was rendered against you of which the following is a copy. The State of Alabama vs W J BURKS et al Indictment for entertainment without license It appearing to the Court that the said W J BURKS together with Robert JONES and John B LLOYD agreed to pay the State of Alabama Two Hundred Dollars unless the said W J BURKS appeared at this term of the Court to answer in this case and the said W J BURKS having failed to appear, it is therefor ordered by the Court that the State of Alabama, for the use of Cullman County recover of the said W J BURKS, Robert JONES and John B LLOYD on siad issue taking the sum of Two Hundred Dollars unless they appear at the next term of this Court and show cause why this judgement should not be made absolute. You are therefore hereby notified that the said judgment will be make against you at the next term of said Court unless you then appear and show cause against the same. Witness my hand this the 11th day of July A D 1885. James DAMUS, Clerk. To the Sheriff of Cullman County to execute. Executed this 1st day of August 1885 by serving a copy on W J BURKS, Robert JONES and John B LLOYD. A J YORK, Sheriff. The State of Alabama No 223 1/2 vs W J BURKS, deft, Robert JONES and John B LLOYD, bail. Minute Book, Page 481. Sci Facias to Defaulting Defendant and Bail. On this 3rd day of November 1885 comes the State by John A LUSK, her Solicitor, as well as the defendants in person and by attorney. And upon motion of the defendants and sufficient cause shown - it is ordered by the Court, that the Forfeiture taken and Conditional Judgement rendered against the defendants be, and the same is hereby set aside and vacated. The State vs Josiah BURKS No 244. For Indictment in the cause see Indictment Record Page 1. The State of Alabama, Cullman County. To any Sheriff of the State of Alabama - Greeting: An Indictment having been found against Josiah BURKS at the Spring Term 1885, of the Circuit Court of Cullman County, for the offense of selling or giving spirituous, vinous or malt liquors to a minor, You are therefore commanded forthwith to arrest said defendant and to commit him to jail, unless he give bail, to answer such indictment at the next term of our Circuit Court, to be holden for said County, on the fourth Monday in October next, and make return of this writ according to law. Witness my hand, this 6th day of May 1885. Julius DAMUS, Clerk CC. Executed by arresting the within named defendant and taking Bond. Aug 10th 1885. A J YORK, Sheriff. The State of Alabama, Cullman County. We Josiah BURKS and G W SICEMORE [SIZEMORE] and W J BURKS do hereby agree to pay the State of Alabama Two Hundred Dollars, unless the said Josiah BURKS appear at the next term of the Circuit Court of Cullman County, and from term to term thereafter until discharged by law, to answer a criminal prosecution for selling or giving spirituous vinous or malt liquor to a monor. And to further secure the payment of the bond we hereby expressly waive all rights of exemptious we may have under the Constition and Laws of the State of Alabama. Witness our hands and seals, this 4th day of Aug A D 1885. Josiah (his X mark) BURKS (seal) G W SIZEMORE (seal) W J BURKS (seal) Approved the 10th day of Aug 1885. A J YORK, Sheriff. Filed August 10th, 1885. Julius DAMUS, Clerk. The State of Alabama, No 244 vs Josiah BURKS, selling liquor to minor. On this 4th day of November 1885, comes the State by John A LUSK, her Solicitor, and the defendant in person and by attorney. And upon motion of the Solicitor and sufficient cause shown - It is ordered by the Court that this case be continued by the State. The State of Alabama, No 244 vs Josiah BURKS, selling liquor to minor. On this 29th day of April 1886 comes the State by Robert N BELL, Solicitor, pro tem, and the defendant being called to come into open Court, comes not but makes default. And it appearing to the Court that said Josiah BURKS together with G W SIZEMORE and W J BURKS agreed to pay the State of Alabama Two Hundred Dollars unless the said Josiah BURKS appeared at this term of this Court to answer in this case, and by stipulation in writing in said undertaking waived the right to all exemptions of personal property under the Constitution and Laws of Alabama and the said Josiah BURKS having failed to appear - It is considered by the Court that the State of Alabama for the use of Cullman Countyhave and recover of the said Josiah BURKS, G W SIZEMORE and W J BURKS on said undertaking the sum of Two Hundred Dollars, with said waiver of exemption, unless they appear at the next term of this Court and show cause why this judgement should not be made absolute, and that Scire Facias issue to them - It is further ordered byt he Court that an alias eapias issue for the arrest of said defendant Josiah BURKS, and that this case be continued by the State. The State of Alabama, Cullman County. To any Sheriff of the State of Alabama - Greeting: An Indictment having been found against Josiah BURKS at the Spring Term, 1885, of the Circuit Court of Cullman County for the offense of selling or giving away spirituous, vinous, or malt liquors to a minor. You are therefore commanded forthwith to arrest said defendant and to commit him to jail unless he give bail [and] answer such indictment at the next term of our Circuit Court, to [side of page not copied] holden for said County and make return of this writ according to law. Witness my hand, this 5th day of July 1886. Julius DAMUS, Clerk Court. Executed by arresting the within named defendant and taking bond. A J YORK, Sheriff. The State of Alabama, Cullman County. We, Josiah BURKS and William J DODSON and C L TANNER do hereby agree to pay the State of Alabama One Hundred Dollars unless the said Josiah BURKS appear at the next term of the Circuit Court of Cullman County and from term to term thereafter until discharged by law, to answer criminal prosecution for selling or giving away spirituous, vinos or malt liquor to a minor. And to further secure the fragment of this bond hereby expressly waive all right of exemption that we may have under the Constitution and Laws of the State of Alabama. Witness our hands and seals, this 14th day of August AD 1886. Attest: Julius DAMUS. Josiah (his X mark) BURKS (seal) William J DODSON (seal) C L TANNER (seal) Approved the 16th day of Aug 1886. A J YORK, Sheriff. Filed September 25th, 1886. Julius DAMUS, Clerk. The State of Alabama, No 244 vs Josiah BURKS, selling liquor to minor. On this 17th day of November 1886, comes the State by John J TURRENTINE, Solitor, pro tem, and the defendant in person and by attorney. And the defendant being arraigned in open Court upon hearing the [side of page not copied] of indictment in this cause read, pleads "Not Guilty" thereto. Therefore comes a Jury of good and lawful men to wit: T N BAILEY and eleven others who being duly elected, empannelled, sworn and charged according to law upon their oaths do say: "We the jury find the Defendant not guilty." It is therefore considered by the Court that the defendant go hence [side of page not copied] discharged from this prosecution. The State of Alabama, Cullman County. To Josiah BURKS and G W SIZEMORE and W J BURKS. You are hereby nitified that at the Spring term, 1886 of the Circuit Court of said County, a judgement was rendered against you which the following is a copy: The State of Alabama vs Josiah BURKS. Indictment for selling or giving away spirituous, vinous or malt liquor to minor. It appearing to the Court that the said Josiah BURKS together with G W SIZEMORE and W J BURKS agreed to pay the State of Alabama Two Hundred Dollars, unless the said Josiah BURKS appeared at this term of the Court to answer in this case, and the said Josiah BURKS having failed to appear, it is therefore ordered by the Court that the State of Alabama for the use of Cullman County, recover of the said Josiah BURKS, G W SIZEMORE and W J BURKS on siad undertaking the sum of Two Hundred Dollars unless they appear at the next term of Circuit Court and show cause why this Judgment should not be made absolute. [Side of page not copied] are, therefore, hereby notified that the said Judgement will be made absolute against yoy at the next term of said Court unless you appear and show cause against the same. Witness my hand this 11th day of September, 1886. Julius DAMUS, Clerk. To the Sheriff of Cullman County to execute. Executed this 16th day of Oct 1886, by serving a copy on each of the within named parties. A J YORK, Sheriff. The State of Alabama vs Josiah BURKS, Deft, G W SIZEMORE and W J BURKS, bail. Sci Fa Defaulting Deft and Bail On this 6th day of November 1886, comes the State by John J TURRENTINE, Solicitor pro tem and also the defendants in person, and for good cause shown - It is ordered by the Court that the forfeiture taken, and conditional judgment rendered against the defendants at the last term of this Court because of the Default of Josiah BURKS be set aside and vacated. The Indictment in this case is entered upon Indictment Record, Page 3. The State of Alabama, Cullman County. To any Sheriff of the State of Alabama - Greeting: An indictment having been found against David BURKS, alias Dave BURKS at the Spring Term 1885 of the Circuit Court of Cullman County for the offense of carrying a pistol concealed about his person - You are therefore commanded forthwith to arrest said defendent and to commit him to jail, unless he give bail to answer such indictment at the next term of our Circuit Court to be holden for said county, on the fourth Monday in October next, and make returns of this writ according to law. Witness my hand, this 6th day of May 1885, Julius DAMUS, Clerk C C. Executed by arresting the within named defendant and taking bond August 10th 1885. A J YORK, Sheriff. The State of Alabama, Cullman County. We, D C BURKS and G W SIZEMORE and W J BURKS do hereby agree to pay the State of Alabama Two hundred Dollars unless the said David BURKS appear at the next term of the Circuit Court of Cullman County, and from term to term thereafter until discharged by law to answer a criminal prosecution for carrying a pistol concealed about his person. And to further secure the payment of this bond we hereby expressly waive all rights of exemption we may have under the Constitution and Laws of the State of Alabama. Witness our hands and seals this 4th day of August A D 1885. D C BURKS (seal) G W SIZEMORE (seal) W J BURKS (seal) Approved this 10th day of August 1885. A J YORK, Sheriff. Filed August 10th, 1885, Julius DAMUS, Clerk. DHZ notes: Untangling all the BURKS relationships is indeed challenging and their interaction as shown in these court papers proves very interesting. It would seem to me that the families who went to Cullman County knew their relationships and remained close. The only identities that throw me in the above records are the D C & David BURKS. The initial C is written very clearly. There is a David C BURKS who was a son of Josiah. But if he is the "D C" then who is the David? The only possibility that I can see is that "D C" is David C and "David" is possibly David who was a son of Henry BURKS. The last information I have on David is from the 1860 Clayton Co GA census and his Clayton Co marriage record of 1868. I don't know what became of him after that. Perhaps he is one in the same with the above. With that assumption, below is the lineage of the above men: Josiah BURKS> Henry BURKS> Elisha BURKS> William BURKS Sr William Jackson BURKS> Henry BURKS> Elisha BURKS> William BURKS Sr Dock Edward BURKS> William Gilbert BURKS> William BURKS Jr> William BURKS Sr David C BURKS> Josiah BURKS> Henry BURKS> Elisha BURKS> William BURKS Sr G David BURKS> Henry BURKS> Elisha BURKS> William BURKS SR And to make this even more interesting to me, George Washington SIZEMORE is my great-grandfather through his son, Rev Virgil SIZEMORE who m. Rachel Elizabeth BURKS. Virgil was born in 1888 and was in his late 40's when he married my grandmother. At the time of these court papers, there was no way for G W SIZEMORE to know that he would have a son who would marry into this family. Indeed, the families lived in very different parts of the county. My grandmother's line is as follows: Rachel Elizabeth BURKS SIZEMORE> Samuel Walter BURKS> William Henry BURKS> Abner BURKS> Henry BURKS> Elisha BURKS> William BURKS Sr ---------------------------------------- Copyright © 2002 by Debbie Hulsey Zouras. This copy contributed for use in the USGenWeb Archives. dkhz@aol.com