TAYLOR COUNTY  Superior Court Records -  1858

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APRIL TERM 		1858

pg 303
Monday, April the 5th 1858, the court met agreeable to adjournment.
Judge Henry G. Lamar presiding

GRAND JURORS sworn at this term.

C.F. Fickling
James Hobbs
H. Purvis
Asa Marshall
Jeremiah Wilchar
Wm T. Northern
A.L. Wilson
C.A. Loyd
M.P. Brown
Wm H. Mulder
Abel Windham
Wm H. Ingram
Joel Montfort
James Elliston
James Windham
David Beeland
Thomas R. Gates
Julius Turner
Jonathan Purvis
Daniel Murray
Enoch Duke
Eli B. Rogers
Jacob Thompson

PETIT JURORS chosen April 1858 term
Robert C. Bailey
Irwin Wililams
Jacob Elliston
A.J. Hobbs
D.W. Averett
Wm Hobbs
S.W. Mulder
Reubin Dickson
J. P. McCrary
Lewis Hill
Kinchen Peacock
S. Carter
Richard Moore
James McGlamory
John A. Watson
Wm Cocran
Allen Hutson
A.M. Brooks
S.G. Mullens
Owen Barefield
Henry Goolsbey
A.P. Jones
H. Lavender
J.T. Dwight

Eason Joiner
vs
Job Turner	Fi Fa from Marion Inferior Court returnable to Nov
term 1854, thereof $481.58 pricipal debt besides interest and
cost. It appears to the court that the above was served by Wm
W. Wiggins, Dept Sheriff on 27th day of March 1855 on Town Lots
No 12, block 9 in town of Butler as the property of Job Turner
and it appears that William Johnson did file a claim to said
town lot according to the statute in such cases made and it
appears at Oct Term of 1855, said levy was dissatisfied and
order to effect was omitted. Ordered by court that levy hereby
dismissed and said fi fa proceed against the property of said
def't.  E.W. Miller. p't atorny

Samuel Jones
vs
Levi Barefield, Hezekiah Miller defendants in fi fa
and Azra Murry, claimant
Fi fa from Justices Court in Muscogee County, claim in Taylor
Superior Court we the jury find the premises in dispute subject
to the execution levied upon the same. Abel Windham, foreman.

Edward W. Marshall
vs 
James T. May & John B. Sisson, def't in Execution &
Wilson L. Fowler claimant.
By consent of counsel, ordered that case be transferred to appeal.

George T. Rogers
vs
John H. Miller pro
Eralbert W. Miller end
judgement to pla'f $100.56

Benj F. Newsome
vs
Samuel Johnson
Jury find for pl'f $10. Able Windham, Foreman, James Hobbs, H.
Purvis, Wm T. Northern, A.S. Wilson, Wm H. Miller, James
Elliston, James Windham, Julius Turner, Enoch Ducke, Eli B.
Rogers, Jacob Thompson.    Henry Lamar, Judge, Sup Court Macon
Circuit

pg 305
The grand jurors sworn: Henry H. Mangham, foreman, John H.
Wallace, Thomas R. Gates, James Thompson, William H. Griffiteh,
William R. Miller, Isaac Mulkey, Henry N. Duke, George T.
Coxwell, Stephen J. Murray, Edward Stewart, James M. Willis,
John C. Cozart, David P.M. Brand, Archibald Hill, Wiliam H.
Creer, Baldwin Gray, Richard B. Rucker, and Absalom Rhodes, in
the name and behalf of the citizens of Taylor County charge and
accuse: Alfred T. SLAUGHTER of the county state aforesaid  with
the offense of Murder. For that the said Alfred T. Slaughter,
not having the fear of God before his eyes but being moved and
seduced by the instigations of the devil on the 5th day of
October in 1857 with force and arms in the town of Butler, in
and upon one Thomas WALLING (WALDEN) in the peace of God and
said State then and there being feloniously, wilfully and with
malice aforethought did make an assault. And he the said Alford
T. Slaughter with a certain knife commnly called a pocket knife
of the value of fifty cents, the same being pointed and sharp
and having a blade three inches long which said knife he said
Slaughter in his right hand then and there had and held cut and
stabb the said Thomas Walling and that he said Slaughter with
knife did penetrate the left side of him, the said Walling in
the region of the heart in two places thereby producing two
mortal wounds each of the breadth of one inces and depth of
three inches of which said wounds, Walling died within five
minutes of the infliction of said wounds on the 5th of October
at the hour of two o'clock p.m. at Butler. The jury finds that
Slaughter did felonious, wilfully malicious aforethought did
kill and murder.  W.S. Wallace, Sol General; John W.A. McCants,
prosecutor Copy of bill and indictment and List of witnesses
waived before arraigning. James T. May, Deft attorney Prisoner
being arraigned pleads not guilty.  

Sol Gen Thad Oliver
List of witnesses:
Thomas A. Spinks, Eli B. Rogers, Wm A. Wright, E.M. Robertson,
John Sanders, Samuel P. Breedlove, John A. Childs, Amos Rogers,
Willis Jinks, (one unreadable)

Columbus W. Wade, the first witness on the part of the state,
sworn says, he saw the killing fo the deceased and it was done
on 1st Monday in October last  (1857) took place in the town of
Butler,in the grocery he, witness, was keeping. He does not
know how the (?) between them commenced.  The first that
witness knew was John KENEDY says, "For God sake, Almighty
sake, men listen to what I have to day," this attracted the
attention of witness and prisoner held Walling (Walden) the
deceased by the collar. Prisoner had his knife open in his
right hand and Walling had his hand on right arm of prisoner in
which he then presumed he had the knife and prisoner swore he
intended to cut his throat saying, "God damm him, I will cut
your throat". Deceased said two or three times, "I have said
nothing of any hard and if I have insulted you, I am sorry for
it". At this inst prisoner cut him on the neck. Deceased then
struck him with his stick and drew back to strike the wnd time
when somebody (took) it out of his hand as he prisoner
recovered, the deceased knocked prisoner back against wall as
prisoner recovered from his fall against the wall, he stabbed
the deceased near the heart. Walling then and there pushed the 
prisoner back and was bucking and as prisoner came against him
stabbed deceased some two or three inches below the heard.
Walling then went to the back of the house and then fell. He
only lived a few minutes. The knife of the prisoner was about
two and a half inches long in the blade. 

It was a small single bladed knife. The knife exhibited to
witness he thinks was the knife used as prisoner. He says
affray was on the 1st Monday in October last in Butler.

Cross Examined by prisoner. Witness at the time of the
difficulty was keeping grocery in the town of Butler. The cut
on the neck of the deceased and was very light and bled but
little. The first he saw of the affair between the prisoner and
deceased when engaged in fight. Walling deceased was a large
and strong man, after Walling the deceased was cut the third
time he came out in the ??deagga?? (can't read this word) and
called for his stick.

John KENNEDY, the 2nd witness on part of the State that he was
present at the difficulty between prisoner and deceased.
Walling, the deceased and witness were standing together when
Slaughter, the prisoner, comes from the back room and mad at
the deceaesed. And Walling then and caught hold of prisoner.
When he prisoner first came up, he, prisoner said he would cut
deceased throat. Walling then caught hold of priosner and
watned to know if he, Walling had  irked prisoner, and if he
had he was sorryu for it and he did not think there was any
reason for difficulty. As well as he could remember these words
were the only words that passed between the parties and
prisoner commenced cutting deceased. The first cut was in the
neck and the 2nd in the breast. Walling died in a few minutes. 
Prisoner ran at Walling. in a few minutes prisoner ran at
Walling as soon as he came up. Witness heard of no difficulty
between the parties. Prisoner and Walling, the deceased, took
hold of one another at the time of the difficulty began and
just then prisoner said he would cut the  God dammend throat of
the deceased. The knife held by prisoner was just such knife as
that exhibited to witness and witness thinks it is the same.
The difficulty occurred in Butler. Walling the deceased died in
the same place the fight occured about three o'clock. Was
present when deceased died and thinks he died from the wounds
made by prisoner.

Cross Examined by Prisoner. He was present in the grocery at
the time of the difficulty. Wade, the other witness, was also
there. Walling came and put his hand of witness in a familiar
way. He was not well acquainted with Walling; was a new
acquaintance. Thinks Walling was talking about a bet and thinks
they were talking about the Election and Politics. Walling had
a common or small sized stick; does not think Walling struck
prisoner and if he did it was slight. He might have glanced
him. Did not hear Walling say anything about a bet with
Prisoner. Had taken a drink before this affair happened. There
was a crowd in the grocery some were drinking and others sober.
He took Walling to be sober. The State here closed.

Columbus W. Wade re-examined by the prisoner, states that
prisoner and deceased up to the time of the difficulty had been
friends.

Thomas SPINKS who was sworn as a witness by the State but not
examined by the State being introduced by the prisoner and
examined by the State that witness saw a part of the difficulty
between the parties. Slaughter, the prisoner, made the first
lick, and then Walling the deceased struck him. Saw Kennedy
then after Slaughter cut Walden on the neck and then Walden
struck Slaughter. Walling said to prisoner Slaughter, "You are
wrong and repeated it and if I have said anything to hurt your
feelings, I am sorry for it." This was said by Walling to
Slaughter, the prisoner.  The prisoner said, "Damm you, I have
a good mind to cut your neck veins."

Walden said cut me, I am not afraid of your knife nor you.
Walden had him by the hand and Slaughter said, "Do you reckon
you can hold my arm?"  Slaughter then engaged his knife to a
inch or an inch and a half from the full length. Walden as he
got away pushed Slughter off and as did so Slaughter cut Walden
on the neck. Walden as soon as the cut was given on the
nec,immediately struck him, Slaughter, with a stick and then
Slaughter stabbed  him under the first rib and then Walden
struck him and knocked him presently against the wall of the
grocery and as prisoner recovered, he stabbed him again in the
left breast. 

John Childs here stepped in and took the stick or jerked it out
of Walden, the deceased hands. Walden said to Childs. "Are you
going to hold my stick and I am cut all to pieces?" Childs
turned his (Walden's) stick loose. Walden walked in the back
room and died immediately.

Re-examined says that the stick used by Walden was an inch and
a quarter at the big end and tapering down to 1/2 an inch or
three quarters. Knife exhibited to witness, he recognized as
the one had by the prisoner on the day of this difficulty.
Stick used by Walden sufficient to produce death.  Never heard
of any difficulty between the parties before. From the time of
the beginning of the difficulty to the death of Walden was 12
or 15 minutes. Slaughter was not drunk. Did not see either of
the parties drinking. 

E.M. Robertson, a witness who had been sworn by the State but
not examined by now examined by the Prisoner states that he
knew of no difficulty between the deceased and prisoner up to
the time of the affray.  Prisoner introduced no other
testimony.

I do certify the above is a true statement of testimony. Henry
G. Lamar, Judge.

We the Jury find prisoner guilty of voluntary man slaughter.
E.M. Robertson, Forement, Johnathan P. McCrary, Allen Hudson,
J.T. Dwight, Septimus L. Brewer, J.T. Stubbs, James Gardner, Wm
Hammack, Robert Bird, Benjamin Dowing, Thomas Turner.

pg 309
Charles U. Simpson
vs
John Q. Adams
Settled and Judgement for cost.

Hamilton Hulgin
vs
George W. M. Gammon
Judgement to pl'f $55

Clark Hyde & Co
vs
J.A. and F.S. Rucker prin
R.B. Rucker Security
Judgement to pl'f $350

It appearing that at the Oct term of Taylor Co Superior Court,
William H. Griffith, Isaac Mulkey, Edmund Stewart, Wm H. Greer,
and Richard B. Rucker were members of the Grand Jury and for
part of said term acted as such and that they were excused
before a list of grand juery was furnished to the clerk so that
the minutes of said court do not shew that said Juror were
sworn and empaneled as such. It is therefore ordered that the
minutes of said court be corrected.

Alexander M.K. Swift & William O.G. Ruggles partners
using the frim name and style of Swift & Ruggles
vs
Charles Hamlin
Whereas Alexander M.K. Swift one of the pl'f has departed this
life since the last term of this court it is ordered by the
court said case proceed in the name of William O.G. Ruggles,
surviving partner.

State of Georgia. Macon Supreme Court. Feb 7, 1858

Jesse Stallings
vs
A.J. Carson
Judgement of the court below be affirmed. Bill of cost $375.
Reg proceeding $25; Reg opinion $350; Rent $125; Sheriff $125 =
$1100

Thomas Ragland
vs
John T. Dwight
Judgement to pl'f $57

G. Benswanger
vs
Henry N. Duke
judgement to pl't $88.43

McKenzer Cadow & Co
vs
J.A. & F.S. Rucker
judgement to pl'f $159

Joseph J. Shelton, Menzo D. Shelton by his Guardian, Jack Brown and
Jack Brown and his wife, Sarah M. Brown
vs
John B. Wright   Bill for Account & Relief
Plea and demur to plea. Said demurer after agreement of
counsel, bill be dismissed and that the defendants recover cost
in their behalf and for which let execution issue.

Joseph J. Walton pl'f
vs/
Jonathan P. McCrary, de't
Bartley McCrary claimant
Judgement to claimant

The State
vs
Wm Pare	ASSAULT & BATTERY  April term 1857
Verdict of guilty whereupon it is ordered and adjudged by the
court that said def't be fined in the sum of $10 and cost of
prosecution, and that he is in the custody of the Sheriff until
the same is paid.

The State
vs
William Bozeman	True Bill

The State
vs
Jeremiah Wilcher  True Bill

The State
vs
Elia Barefield & Warren Barefield		True Bill

Edwin Gravis
vs
Chesley B. Marshall
judgement to pl't  $160

David O. Smith
vs
John Adkins
Jury find for pl'f principal with 10% for damages.

Seth W. Mulder
vs
Jeremiah Wilchar & James N. Harris
Jury finds for def't

The State
vs
Alfred T. Slaughter	INDICTMENT FOR MURDER	
Verdict of guilty of voluntary manslaughter. To be taken by
Sheriff to Jail and held until a secure guard can escort
prisoner to Penitentary of said state at Milledgeville where he
shall be closely confined at hard labor for four years to be
computed from the time of the delivery of said Slaughter at
said pententiary.

Ordered that $33 be paid to William Mulkey, Dept Sheriff.
Ordered that $41.80 be paid to Jailer.

Stephen T. Murray
vs
 Stephen Rogers def't
John R. Rogers, claimant
Jury find the land subject.

Benjamin McKensey
vs
John Whittington
By consent of parties transferred to appeal.


Eli B. Rogers
vs
Thos G. Blackman, James Thompson
Scao Facias against bail, issued prematurely. It is ordered in it be dismissed.

John Doe Ex Dem
John C. Mound
vs
Richard Roe casual ejector
John A. Moss, tenant in possession
Parties agree to transfer to appeal.

pg 313
Lewis Hill
vs
Ezekiel Royal def't
Daniel Royal claimant
Jury find for claimant.

Ewell Webb p'f in fi fa
vs
B.A. Horton deft
Esais Saylor claimant
Transferred to appeal

Benj F. Newson
vs
The Justices of the Inferior Court
Mandamus return issue and verdict and motion for new trial to
proceed.

It appearing to the court that Joshua Tenneson went 6 miles
after witnessing and furnished his own horse adn buggy, it is
ordered  that he be paid $3.00

Clayton Whittington
vs
William Summeral Adm
of Susannah Cook
The parties agree to leave Chancellor presiding in said Law
Suit what shall be a reasonable fee and to E.H. Worrilee for
commencing said ejectment and to Stubbs & Hill for completing
the same and for defending said bill in the Superior Court and
proof as to the same being had, it is ordered that the
chancellor E.H. Worrill be paid $50 and Stubbs & Hill $150 for
said services.

Mary Walker
vs
Joseph S.E. Spears
G.M. Goslin, W.C. Spears
Judgement to pl'f $80

Zachariah Smith
vs
Y.H. Caldwell & W.M Lundon
Confess judgement to pl'f $101

Nancy Cody, wife of Elias Cody, sheweth that by the last will
and testament of her father, Persons Walker, among possessions
was one old Negro woman named Mary, aged 65 years, or more, and
due to unpaid debts, sheweth that it would be to the advantage
of estate to sell said Negro for the purpose fo paying the
debts.  Such Negro was settled on her and her children and not
subject to debts of her present or future husband, but that
said husband has been appointed by the proper authority her
trustee. So ordered.

Bryant Ingram
vs
Ben F. Mitchell
Demur is overruled and said plea be sustained and that the same
as answered with leave to defendant to answer further.

Bryant Ingram
vs
Benj F. Mitchell
Defendant having filed his answer. ordered be set for trial at the next term of court.

William G. Little
vs
Bryant Ingram & H.N. Scarbrough
Rule against Smauel Hall Attyn. It appearing to court that the
answer of Samuel Hall that he resides in the County of Macon
and that issue is necessary it is therefor ordered that above
rule be dismissed.

Henrietta Swift
vs
A.M.K Swift  Motion for attachment
The above case having abated by the death of def't Swift, it is
ordered by the court that the motion for attachment in the
above stated case be dismissed without prejudice to the order
for Alimony and attorney fees leaving order it now stands and
that this order be entered on the minutes.

The State
vs
Peter Monfort & Elizabeth Monfort  Malicious Mischief True Bill

The State
vs
William Shepherd  Malicious Mischief True Bill

The State
vs
John Willis  Malicious Mischief True Bill

Henrietta C. Swift
vs
Bryant Ingram & will of A.M. Knight.
Jury finds in favor of Executory, Bruamt Ingram and admit the will to Probate.  Julius Turner, Foreman

Henrietta C. Swift
vs
A.M. K. Swifth  Libel for divorce
And now at this term of court comes Benjamin F. Reese and mark
H. Blanford, counsel for def't and suggest the death of the
def't. Ordered that said case be abated and dismissed.

Daniel Whatley
vs
James Montgomery Adm of R.B. Davis   Bill in Equity
Court having passes an order directing partied to be made in
the above by this term of the court and no parties having been
made, it is ordered by the Court that the bill filed in the
above stated case be dismissed.

pg 316
Richard Harvey
vs
Levy Whittington Adm & C & def't in fi fa
Towns & Holcom claimants.
Fi Fa & claim on appeal. Ordered by the court that parties be
made i this course by the next term of this court. If the same
be not so done, the cause shall be dismissed from the dockett.

John Doe Exs dem of 
John L. Brooks, Charles J. Davenport, Jourdain Wilcher & Manel T. McBryde
vs
Richard Roe Counsel Ejector
& Obediah R. Harris Tenant in possession
Eject & confession for pl'f for the premises in dispute now
comes the def't and pas all costs and tenders William M.
Stucky, his security on Appeal.

Archibald Hobbs
vs
Leonard Ann Hobbs  Libel for divorce
It appearing to the court by the return of the Sheriff that the
defendant does not reside in county and it is further appearing
that she does not reside in this state. It is on motion ordered
that said defendant appear and answer at the next term of court
or that the case be considered in default and pl'f allowed to
proceed.

Martha Lowe
vs
B Procter & JP McCrary, Henry McCrary, Sec.
judgement to pl't $164

It appearing to the Court that Thomas Cameron has been summoned
as one of Posse to arrest some prisoners and that the said
Thomas Cameron went 13 miles and furnished his own horse. It is
therefore ordered by Court that the county treasure pay the
said Thomas Cameron the sum of $4 for said service.

Henrietta C. Swift  Caveatte
vs
Bryant Ingram, proponent of the will of A.M.K. Swift
Whereupon it is ordered that the papers signed by A.M. K.
Swift, deceased on the first day of Jan 1858, purposrting to be
his last will and testament and attested by S.W. Rogers, J.F.
Humphries and John S. Davidson is the last will and testament
of A.M.K. Swift and taht said paper be admitted to probate as
suchwill and that the clerk of this court do certify and send
down the proceeding in this case to the ordinary court  and
that the propounder do recover Henrietta C. Swift for cost in
this.

Persons Williamson, Allen Williamson, Cary Walker minors by their Guardians 
vs
Freeman Walker
Lawrence Walker Ex of Persons Walker Dec'd
Bill and demurr and joinder in demurrer

After argument had upon said demurrer, it is considered and
adjudged by the Court that said demurrer be overruled and that
said defendants answer said bill in terms of the law. The court
holding and deciding that complainants take no portion of the
Negroes bequeathed under the 3rd term of the will of Persons
Walker dec'd either as representatives of their deceased
parents or by reason of the fact that Philip Walker, a son of
testator was living at the date of the will and died before
testator without child or children.

2nd The Court holds and decides that the money in hands of
executors arising from choices in action, debts, and evidences
of debt, also proceeds from the sale of crops before the widow
of testator made selection of her Negros under ther 4th item in
said will and not used or needed for the support or education
of testator's children. Also the proceeds of sale of lands of
estate under the 9th item of said will are each and all of them
a residendum of testator undisposed of by siad will to heirs of
which complaintant are entitled per among the next of kin of
testator.

3rd The Court further holds and decides that complainants are
entitled to shares fo the proceeds of the sale of the stock etc
under the 10th item of said will as the representatives of
their deceased parents.

4th The Court also decides that said executors are to the
undisposed of residenum under said will, trustees of the same
for the next of kin of testator and should account to the
complainants for their respective shares of each residenum.

Mathews & Williamson
vs
John C. Cozatt   Certioraria
Ordered by court that the above ca sa be dismissed for lack of
making affadavit and that said Cozatt recover of Mathews and
Williamson for cost and that fi fa proceed.

John Doe Ex dem
John Turner
vs
Richard Roe, Casa eject
Walton Buckingham, Tenant
Ordered by the Court on motion of pl'f counsel that the above
case be dismissed, also ordered and considered by the Court
that said Buckingham recover of John Turner $16.50 for his cost
in this behalf expended.

The State
vs
William Smith  Perjury 	A True Bill.

The State
vs
Elias Cody	Misdemeanor	True Bill

Mary Ann Foster
vs
George W. Foster	LIBEL FOR DIVORCE
It appearing to the Court from the return of the Sheriff that
the said George W. Foster is not to be found. It is therefore
ordered that Service on said Foster be perfected by publication
in the Columbus Enquirer, a public gazette in said state for
the space of three months next ensuing of this Court.


James T. May Pl'f
vs
Mathew Rogers, Def't
Jacob Pare, Claimant	Certiorari
Ordered that said certiorari be dismissed and said cause
remanded to the Court from whence it came and said fi fa
proceed.

Elam B. Waters next friend , etc
vs
Allen Pridgen
It appearing to the Court that the def't in above case having
failed to answer said bill, it is therefore on motion ordered
that said def't file his answer in the Clerk's Office of said
Court on or before the next term of said Court or said Bill
will be taken pro confesso.

The State
vs
John Willis, J.J. Walton   Misdemeanor
Def't Willis was arrested under a warrant and by said Walton
for said offence and that John H. Grace, Andrew McCants, Thos
H. Brown and William W. Corbitt were the sureties on said bond
for the appearance of said def't at this term of court. They
having surrendered said Wilis in Open Court, it is orderd that
said securities be herein discharged.

It is ordered that the County Treasurer pay William Anderson
$12 for services rendered this court as Bailiff; Jesse Garrett
$13 as bailifff and for wood furnished;  John Hericks $11.75;
Anninias Martin $11 for services of the same kind and L.Q. C.
McCraray $.75 for a bucket; J.J. Huff $12 as bailiff; John
Turner for like services as Bailiff and Chaarlton Ogburn $28.75
for baging furnished the court house, and James A. Rucker $10
for desk and bookcase furnished in clerk's office; James
Gardner $17 for Pegion Box and Table for Clerk's Office. And
J.M. Boardman $15 for paper, pens and ink and that John H.
Grace be allowed $5.15 for sundry articles furnished the cout
as per bill passed. Also ordere and that Wm Mulkey allowed $24
for Gurch for guarding Slaughter and expenses returning from
Macon. Ordered O.R. Harris be allowed $8 for three days and one
night. Serving and arresting prisoners and brining witnesses
before the Grand Jury of said Court.

pg 320
Elizabeth T. Johnson
vs
George T. Coxwell	Mortgage
Present Judge Henry G. Lamar presidign in the place of
Honorable Edmund Worrill. It appearing by the petition of
Elizabeth Johnson on the 13th day Dec in 1855, George T.
Coxwell of said county made and delivered to Elizabeth T.
Johnson his certain promissory note bearing date the day and
year aforesaid, whereby the said George T. Coxwell promised by
the 1st day of Dec next following the date to pay Elizabeth T.
Johnson or bearer the sum of $300 for value received, and that
afterwards on the same date, delivered to said Elizabeth T.
Johnson his deed of mortgage on Lots $249 and #231 containing
202 1/2 acres. It appearing that said note is unpaid, it is
therefore ordered George T. Coxwell do pay the Court by the
first day of next term of this court the principal, interest
and cost due on said note. Failure to do so will mean
foreclosure. Copy to be served to George T. Coxwell at least 3
months previous to the next term of this court.  W.W. Corbitt,
Pl'f atty

Amanda Harris and her next friend
vs
James Williamson and Joshua J. Harris
Jury find that property mentioned in this bill and answer to
wit, a Negro boy named Ned and a note on Susan Williamson for
$200 be decreed and settled upon Amanda Harris and her present
and future children and not be subject to the debts of said
Joshua J. Harris now made or to be made but soley for the use
of siad Amanda and her children and that the condition of said
Harris be perpetually injoined from interfering with said
property and that James Williamson the father of said
complainant be and is appointed trustee for said complainant.

pg 321
Carhart Brothers & Co obtained judgement against Hollis H.
Horton as principal and Joshua Tenneson as security for the sum
of $656.34 principal debt; the sum of $26.39 interest to date
of judgement and $19.37 for their cost, and whereas a capias ad
Satsifacundem having issued on said judgement against the de'ft
and the said Joshua Tenneson having been arrrested by the
Sheriff of said county and given bond for his appearance at
this term of teh court to take the benefit on an act passed for
the relief of honest debtors, James D. Tenneson having become
security on said bon. It appearing to the court that said def't
Joshua Tenneson and James D. Tenneson both being called and
having failed to appear and shew cause..ordered that Bond be
forfeited and pl'fs do recover of said def't Joshua Tenneson
principal, and James D. Tenneson Security, the sum of $1300
which may be discharged upon the payment of $540.55 for their
principal debt with interest from this date and the sum of
$19.37 for cost on the case and the sum of $9.25 cost in this
proceedings. 

Emiline A. Grace
vs
Wm Pope and A.J. Pope, Admin John H. Grace
We the jury find and decree all parties hereunto consenting
that the distributive share of Emiline A. Grace in the estate
of her father, Briton Pope, deceased be settled upon her and
her children for their sole and seperate use, benefit and
behoof forever free from the martial right of her present or
any future husband and that  William W. Pope, C.A.J. Pope,
Admin of Britain Pope do account therefore with a trustee for
said Emiline A. Grace and her children who shall hold the same
for her and theri sole and seperate use benefit and behoof
forever in fee simple.

Ordered that Elam B. Waters be hereunto consenting and is
hereby appointed trustee for Emiline A. Grace and her children.

Archibald Mathews
vs
Baldwin Gray		Mortgage
Petition of Archibald Mathews that on 24th December 1855,
Baldwin Gray made and delivered to Archibald Mathews his
certain promissory note, whereby Gray promised by the date next
follwing to pay Archibald Mathew $569 for value received and
afterwards on the same day and year the said Baldwin Gray, the
better to secure the note, executed and delivered his deed of
mortgage on two lots in 15th district of originally Talbot now
Taylor #53 and #76 containing 405 acres conditioned that if
Gray paid off as conditions, would be null and void. Said note
remains unpaid except $54.75 which was paid Dec 31, 1857.
Ordered that said Baldwin Gray do pay by 1st day of next term
the principal, interest, and cost due, or show cause. Rule to
be published in the Times and Sentinel once a month for four
months. A copy served on said Baldwin Gray.  Failure will be
foreclosure.


pg 323
Supreme Court, Macon 2nd District Thursday 18 Feb 1858
Present: Joseph Henry Lumkin, Charles J. McDonald, Henry L. Benning, Judges

Southwestern Rail Road Co
vs
Elizabeth Paulk Admins
This case came by transcript from the Superior Court. Ruled
that judgement of the court below be reversed upon the ground
that the court erred as the Pl'f as foreign Adminstrix had a
right to sue in the action set forth in the declaration.

Supreme Court. Macon 2nd District Thursday 18 Feb 1858
Present: Joseph Henry Lumkin, Charles J. McDonald, Henry L. Benning, Judges
State of Georgia
vs
Wm H. Lockhart
Case came by transcript. Judgement of court below be affirmed.

It appears that several cases on the Motion and Certiorari
cannot be heard at this term of court. Recommended they be
heard in Chambers at a time and place convenient to all.

John Doe ex dem
William H. Baker,  Henry H. Baker, Calvin Baker & Edward F. Mahone
vs
Richard Roe Casual Ejector
Daniel W. Miller Tenant in possession
Jury finds for pl'f

The Grand Jury in closing beg leave to make the following
presentments. We have examined the books of Clerk of Superior
Court and Inferior Court and find them in order.  Upon inquiry
that the roads of the county are not in good condition and we
do most sincerily and heartily invoke the attention of proper
authorities to the subject as well as to a General enforcement
of the road laws. We find too that the Bridge known as Walker
Bridge is entirely out of repair and has entirely gone down and
we recommend that the road leading from Lewis Hill Bridge to
Levi Turner Bridge, a private road, be made public and be kept
in good repair at the expense of the public. We also call the
especial attention of the proper authorities of the building of
a good bridge Little Patsaliga Creek on the road leading from
Macon to Columbus and from Butler to Gray's Ferry known as
McCrary's Bridge. We find on careful examination that the
present jail is wholly insecure and worthless as a Jail and
that the county is compelled to incur great expense to procure
the proper confinement of criminals. We therefore recommend
that said Jail be disposed of in the discretion of the Inferior
Court to the best advantage and that the proceeds of same and
other funds raised by taxation be appropriated to the building
of a good and sufficient jail. 

We concur heartily with his Honor Judge Lamar in his lucid and
impassive charge in regard to the Education of poor children of
our county and for the accomplishment of said purpose we
recommend to the Ordinary Court that an additional tax be
levied of 30%. We have examined the books of the Treasurer and
find his account as follows: Amt on hand April 5, 1857 $1033.78
Amt collected from sources and reported $499

Amt paid out from April 5, 1857 to April 5, 1858 $1036 Balance
on hand $496.17 The above balance we find consists of the
following accounts and fi fas to which we call the attention of
the Inferior Court and recommend that they employ some
competent attorney to collect the same to wit one fi fa on S.H.
Hobbs $81.36; two Wm Mood $46.75; Note on Holsey & Miller $300.
Note on Bartley McCrary $65.95.  Total=$496.77

We find that all fund in hand for poor School purposes have
been properly disbursed leaving in his hand a balance of about
$100. We recommend also that the seats in the Grand Jury and
Petit Jury Rooms as well as the Jury boxes in the Court Room be
well cushioned and made as comfortable as can conveniently be
done.

In common with all good citizens and the Grand Jury of other
counties, we can but deplore the pestilence of crime and
immorality in the County. We have endeavored to do our duty to
remedy this evil and we doubt not that Grand Jurors and all the
authroities of the law will be powerless to check the evil as
long as the present statute for granting License to Retail of
farce in State. We recommend no legislation in favor of a total
prohibition of the sale of spiritous liquors because experience
has taught all such legislature is not only injurious but
wholly inoperative. But we do think that much can be effected
by wise and prudent legislation to regulate the sale of
spiritous liquors and greatly curtail and diminish the amount
of crime growing out of the same.  We therefore recommend to
our Senator and Representative to introduce and seek the
passage of a Law in the Legislature repealing all existing laws
in regard to granting licenses and providing that any person
wishing to obtain License to retail spiritous liquors shall
make his application by written petition with good vouchers for
his good character to the Grand Jury, and that the Grand Jury
will have the right to say whether or not such applicant shall
have license or not. And also have the right to say how much
shall be paid for such license..in no case to exceed $50.

We also recommend that the Tax Collector be allowed his
insolvent List amounting to $212.63.

General thanks to Judge Lamar for his courtesy as well as to
Solicitor General Oliver. Recommend that the above be published
in Columbus Enquirer and Times and Sentinel.

C.F. Fickling, Foreman, Hammond Purvis, Asa Marshall, Jeremiah
Wilchar, William T. Northern, A.L.N. Wilson,  Charles A. Loyd,
M.P. Brown,  Wm H. Miller, Abel Windham,  Eli B. Rogers, Wm H.
Ingram, Joel E. Monfort, James L. Elliston, James Windham,
David Beeland, Thomas R. Gates, Julius Turner, Jonathan H.
Purvis, Daniel Murray, Enoch Duke, Jacob Thompson

List of Grand Jurors Drawn for October Term 1858
John Howell
William McDowall
Samuel Montgomery
B.A. Horton
Zachariah Wadkins
Simeon Thompson
Wm Montgomery
John A. Childs
J.S. Davidson
John S. Murray
Joseph Riley
Thomas Amerson
Allen Whittington
Y.C. Ceiley
J.S. Simmerly
Wilborn Jinks
John M. Hobbs
E.C. Shurley
Chesly B. Marshall
E.B. Watters
John H. Wallace
T.V. Fagan
John Whittington
H.J. Baldwin
Willis McLendon
James Griffith
Daniel Royal
James M. Thompson
Richard Montfort
George W. Gammon
Edmund Stewart
Caleb Lindsey
W.H.A. Royal

List of PETIT JURORS
Elias Barefield
Benj. S. Griffith
Wm Ricks
Joseph Hobbs
Jacob W. Bickley
L.M. Spears
A.M. Calhoun
Daniel Sells
Z.R. Hamilton
Henry McCrary
Robert Wells
Henry Wilson
James W. Daniel
Wm W Hays
Mat Freeman
James Garrott
James Hailey
Joseph J. Huff
John C. Cozatt
W.H. L. Mathews
Asa Downing
R.M. Whittington
Drewry Lawrence
Charles Hamlin
Anthony R. Murray
John F. Davis
Z. Parks
John Bias
James Sercey (Searcy)
C.D. Bynum
John A. Hamilton
Levi Jones
W.H. Fennell
John Clark
Simon Cox
Thos Binum
S.P. Lawrence
Stephen Holb
F. Slaughter
John M. Denson
Henry Tanton  (Taunton)
Robert Brown
A.W. Martin
Nathan M. Rogers
Thomas Walling
L.B. Boothe

Supreme Court Macon February 1858
James Williamson et al
vs
Lawrence Walker et al
Case came before Supreme Court on Transcript. After
consideration, the judgement of the lower court be reversed
upon the grounds that the court erred in sustaining the
Certiorari and directing a new trial in the justice court. That
pl'f in error do recover from def't the sum of $75 for their
cost.

pg 329
OCTOBER TERM 	1858

GRAND JURY chosen and sworn

John H. Wallace
W McDowal
A.B. Horton
Zack Wadkins
Simeon Thompson
Wm Montgomery
J.A. Childs
J.L. Davidson
T.L. Murray
Thomas Amerson
Allen Whittington
G.C. Cealy
Willis Jinks
E.R. Waters
John Whittington
Willis McLendon
Richard Montfort
Caleb Lindsay
W.A. H. Royal
O. Downing
Willis Jinks
Wiley Lawson

PETIT JURORS chosen and sworn
James W. Daniel
A.R. Murray
L.M. Spears
J.M. Denson
A. Lawson
J. Clark
C.D. Binum
W.H. N. Fennel
James Garret
Z.K. Hamilton
K.B. McCrary
J. Bickley
Levi Jones
Z. Parks
Daniel Sells
J.W. Searcey
A.W. Martin
Simon Cox
L.B. Booth
John C. Cozatt
J.M. Freeman
John A. Hamilton
A.M. Calhoun
Wm Page

The State vs Joshua Tennison	True Bill,  John H. Wallace, Foreman

The State vs Amos Rogers	True Bill, John H. Wallace, Foreman

Ross Coleman & Ross
vs
J.A. & F.S. Rucker
judgement to pl'f $100.59

Wm M. Brown
vs
W.W. Corbit
Judgement to pl'f $400

Wm M. Brown
vs
John A. Moss
Judgement to pl'f $62.50

E.H. Rawls
vs
James G. Moulton
Judgement to pl'f $45

It appearing that the within is a copy of a fi fa with the
entries thereon of the original fi fa which issed from a
judgment in this court and that said original fi fa  has been
destroybed in the burnin gof the court house in Macon County.
Ruled that this copy be used in lieu of original.

Samuel Walker
vs
W.R. Miller
Jury find for pl'f $600  C.D. Bynum, Foreman

Asa Jolly
vs
Henry H. Long
judgement to pl't $119

H.B. Troutman
vs
Amos Adams
judgement to pl'f $74.50

Smith & Shepherd
vs
Bartley McCrary and Samuel P. Corbin
judgement to pl'f $806.97

Smith & Shepherd
vs
Caleb Lindsay Adm of Wright Johnson
Jury find for pl'f $50

W.H. Hollinshead, Admin
vs
W.W. Corbitt
Judgement to pl'f $34.50

pg 331
Jourdan A Kendrick
vs
Samuel Duke
Jury find for pl'f $234.13

William J. Moore
vs
Rhoda Morris
Judgement to pl'f $400

G.M. Taylor
vs
J.G. Moulton, James Taylor,Sr, Thomas Dickson
judgement to pl'f $150

John L. Allen
vs
Samuel P. Corbin
Jury find for pl'f $112

R.N. Leonard & Co
vs
John H. Grace
judgement to pl'f $116

Granger Wallis & Smith
vs
Gabriel Benswanger
judgement to pl'f $401.46

Benjamin F. Newsome
vs
Caleb Lindsay
judgement to pl'f $12.04

William J. Hendrick
vs
August L. Edwards
judgement to pl'f $420

Henry H. Long
vs
Thomas C. Walling
Thomas Walling
Judgement to pl'f for $96.70

Nathan Weed
vs
James A. Rucker
judgement to pl'f $76.60

John H. Woodgate
vs
J.J. Huff and J.B. Huff
judgement to pl'f $99.47

Elizabeth Paulk Adm of Uriah Paulk
vs
J.W. R. Road
The above cause having been taken to Supreme Court by writ of
error and said Supreme Court having decided that the Foreign
Administratrix, the pl'f in said cause could not sue for said
cause of action, it is on motion that case be dismissed.

James Thompson
vs
Thomas G. Blackman
John H. Grace, Garnisher
John H. Gracehas answered that he has a gold watch if the def't
in his possession. It is ordered that said watch, Grace deliver
to Sheriff of Taylor County and that Sheriff sell same at
public out cry before the court house door in 1st Tue in
November next after advertising the same 20 days previously at
the Courthouse doore and at two more public places in said
county.

Stone Star & Co
vs
B.A. Horton
judgement to pl'f $400

Arthur Simpson
vs
Allen Pridgen
Jury find the premises in dispute for the pl'f.

Gideon Newsome
vs
W.C. Scot
Jury find for complaint that the common law suite for the
recovery of the undivided half of lot of land #301 in 1st
district of orginally Muscogee, now Taylor, be perpetually
enjoined and  find for complaintant.   John H. Wallace, Foreman

pg 333
John M. Hobbs
vs
Elias Cody, Trustee
judgement to the pl'f for $70

Hopkins Holsey
vs
John D. Mitchell
judgement to pl'f $107.56

Nancy Preston
vs
Rhoda Morris
Jury finds for pl'f $1,070  C.D. Bynum, Foreman

Wesley F. Wellons
vs
Thomas H. Wright, L.M. Davis
judgement to pl'f $100

The State
vs
John W. Denson	Assault and Battery True Bill

The State
vs
Kinchen Peacock	Assault and Battery True Bill

The State
vs
Jacob Pare	Assault and Battery True Bill

William J. Kendrick
vs
John H. Miller and James G. Moulton
judgement to pl'f $82.50

John Doe ex dem
John C. Maren et al
vs
Richard Roe, Casual Ejector
John A. Moss	Tenant in possession
Judgement to pl'f for premises in dispute

William Hardwick
vs
David P.M. Brand
Judgement to pl'f $50

Thompson Hendrick & Co
vs
Thomas Amerson
Thomas Dixon
Judgement to pl'f $89.75

John Doe ex dem
Charles J. Devenport, M. McBride, Jordan Wilchar
vs
Richard Roe Casual Ejector
Obediah R. Harris, Tenant in possession 
Plaintiff comes and enters non suit reserving right to appeal

Lucy Ann Worthy
vs
Henry N. Worthey, Asa Marshall
It appears to the court that service has not be perfected on
Henry N. Worthey, that a rule of service was passed at the last
term of court. Ordered  that rule be enlarged as to perfect
service by next term of court.

Ewell Webb, Pl'f
vs
Benjain A. Horton, def't
Esaias Saylor, claimant	Fi Fa & Claim
Court dismissed. Claimant recover from pl'f $9.62

pg 335
Henry E. Parker
vs
John Howell
judgement to pl'f $525

Henrietta C. Swift
vs
Jesse D. Beall, Bryant Ingram, Elija Hicks
Claim for dower. It appears to the court that Elija Hicks one
of the parties at Interest in the above case, the said Hicks
owning a seperate and disticnt interest from the interest owned
by Beall & Ingram and taht service has not been perfected on
said Hicks according to the statutes in such cases. Petitioner
have until next term of court to perfect said service on Hicks.
Oct 6, 1858

The State
vs
Joshua Tennison	Assault and Battery True Bill

The State
vs
Zachariah K. Hamilton  Assault & Battery True Bill

The State
vs
Amos Rogers
Jury find the defendant guilty. C.D. Bynum, Foreman.

Jane Harper, Amin
vs
Wm R. Lowe
Jury find for pl'f $400 and cost of suie to be released and discharged by the delivery of the Negroes in 15 days. Oct 17, 1858   Wm McDowell, Foreman

Hull & Patterson
vs
E.B. Waters
judgement to pl'f $131.95

Hull & Patterson
vs
Y.S & J.Joiner
judgement to pl'f $99.90

Hull & Duke & Co
vs
Y.S & J. Joiner
judgement to pl'f $257.04

The State
vs
Kinchen Peacock
Jury find defendant guilty. C.D. Bynum, Foreman

The State
vs
Kinchen Peacock  Simple Larceny and verdict of guilty
Whereupon it is ordered and considered that the said Kinchen
Peacock hence to the common jail where you shall be confined
for and during the period of 30 days. Also fined $5 on the
judgement at the expiration of the 30 days.

The State
vs
Amos Rogers	Assault & Battery 
Verdict of guilty. Fined $20.00

The State
vs
John M. Denson
Defendant guilty.  C.D. Bynum, Foreman

John St. John
vs
A.J. Hobbs
judgement to pl'f  $100

Thomas C. Dempsey
vs
Charles Hamlin Deft
H.H. Long, Claimant
Judgement to pl'f in fa fa

W.W. Corbitt
vs
Thomas Walling	Deceit
We consent that the above case be transferred to appeal.

Davis Castleberry
vs
Robert Scandrett
Answer of def't denies all equity of the bill and the complainant according to his bill has a remedy at law. Ordered case dismissed.

Samuel Montgomery
vs
Vinson McCutchen
A.L. Young	Ejectment
Counsel has agreed to refer the above to arbitration. Ordered
that case be drawn from Court and referred to five arbitrators
to be chosen by the parties whose decision is final.

The State
vs
R.M. Denson	Forgery, True Bill		John H. Wallace, Foreman

W.W. Corbitt
vs
Martha T. Lowe
Jurors find for pl't  $350

The State
vs
William Pare		Assault & Battery a True Bill

The State
vs
Joshua Tennison	Adultery	True Bill

The State
vs
John Joiner	Fornication True Bill

The State
vs
Sarah Roberts	Fornication True Bill

The State
vs
Ann Whittington	Fornication True Bill

Ordered by the County Clerk that County Treasurer pay Manly F. Hoarold $2.50 for horse hire during this term of court.

James L. Wiggins, Adm of William W. Wiggins, dec
vs
John A. McCrary
Bill to enforce vendor's lieu. Last term of court that unless
def't appeared and demurred to this will, it would be taken as
a confession to the allegations contained and said def't having
failed so to do, allegations therein contained stand as true.

The State
vs
John Hortman		Judgement for Fornication
The Bill in the above case being nol Porossed,  ordered that
Security be dismissed on the Bail Bond and this order entered
on the minutes.

State of Georgia
vs
Henry, a Slave the property of E.M. Robinson	Assault with intent to  murder
The Def't having pleaded a favor acquittal in the above case
and it appearing that the plea is fully sustained.  That def't
be acquitted and discharged and that he go hence without a day
and that E.M. Robinson and D.O. Smith be exonerated from all
liability on their bond on this case.

Bryan Ingram
vs
Benjamin Mitchell	Bill in Equity
We consent that case be transferred to appeal Docket and stand
for trial.

It appearing that John Cameron has purchased and put on the
Court Room door, one lock and two bolts, ordered to pay $2.50.

pg 339
Henry H. Davis having made application for leave to practice
law in the several Courts of law and equity except the Supreme
Court, and having given evidence of moral character and
undergone examination in Open Court, ordered that he be given a
license for such purpose.

William L. Castellow
vs
Nathaniel Walker		Bill for Equity
On motion by counsel for complainant, it is ordered that he
have leave to amend his bill by adding parties, defendant's
therefore addes the following: James H. Bivins and his wife,
Mary C. Bivins of Schley County;  John L. Woodward Junior and
his wife, Laura Woodward of the county of Monroe, James R.
Walker, August A. Walker, Ellen Walker and Allen M. Walker,
minors and John L. Woodward, Senior guardian of said minors,
all of Monroe County. Each of above be served with a copy of
bill within three months of adjournment of this court.

J.P. Welborn Admin
vs
J.S. Parker
We consent be transferred to appeal docket.

Upon hearing the petition of Henrietta C. Swift for the
appointment of commisioners to lay off and admeasuer her Dower
in the lands of which her husband, A.M.K. Swift died, seized
and possessed, ordered that Thomas J. Riley, A.J. Colbert,
Jacob Saylor, Bynum A. Horton and Able Windham be appointed.

Lipincott Grambo & Co Pl'f in fi fa
vs
George W. Jones Def't in fi fa
William A. Cobb claimant
Parties have agreed to transferr to Appeal Docket.

Thaddeau F. Duncan
vs
W.H. Caldwell, Y.H. Calwell
By agreement that case be dismissed and judgement of Inferior Court stand confirmed.  Oct 6, 1858

Samuel Montgomery
vs
Lawson Young & A. McCutchen	Ejectment
Counsels have agreed to arbitration.

Lewis Hill and Mary E. Hill, his wife
vs
Sarah Joiner and John Joiner	Bill for Ne Exeat & Quia Temet
Whereas it appears to the court that Sarah Joiner and John
Joiner the def't to the above bill have been arrested and by
virtue of the writ of quia ia Timet issued in the above case,
and they have given their bond with Young S. Joiner, Daniel
Worsham, and Obadiah R. Harris as securities, for $7,000.

Aaron Windham
vs
John  Coss ? (ink blot)
Judgement to pl'f $700

The State
vs
?(ink blot) Pare  Misdemeanor	True Bill

John Howell
vs
Henry Hortman & John Clark
judgement to pl'f $100

Joseph H. Brown vs
D.P.M. Brand & John A. Moss, security
judgement to pl'f $50.50

William Page
vs
Sarah E. Page		Libel for Divorce
Authorize a total divorce.

Elizabeth Paulk, Admx of Uriah Paulk Deceased
vs
The Southwestern Rail Road Co.
Parties have agreed to use Interrogatories in the case pending in Bibb County Superior Court...have leave to withdraw files from this court.

Abraham Seigles
vs
James M. Willis Principal
Gabriel Benswanger, Endorser
Case in Justices Court  757th District  (Butler)
Did not say what Counsel for pl'f swore. Sent back to be answered more fully.

Thomas J. Draughon
vs
Asa Marshall Adm James M. Marshall dec'd
Bill for discovery and relief. Injunction and demurrer Argument
being had on the above demurrer, it is ordered that the degree
& judgement on said demurrer be had and passed at Chambers by
the 15th day of Nov next and in default of this decree by that
time there at the next term of court.

J.J. Walton
vs
J.P. McCrary, James D. Tenneson
William Montfort, Shff & Enoch Garrett, Dept Sheriff
Bill for Recovery and relifet, injunction Bill in above case
was filed and duly served returnable to this term and defn't
having failed to answer, ordered that said bill be taken as
confession and stand for trial at the next term of court.

Isaac Spinks
vs
Hull & Patterson
Case in Justice's Court 757th District Butler
Answer of magistrates in the above case is not full enough..ordered sent back to Justices.

Mary Ann Foster
vs
George W. Foster	LIBEL FOR DIVORCE	
Order at last term of court to perfect service by publication
in one of the public gazettes of the state for 3 months. and it
appearing said note has been published, ordered that said
service be made and passed.

Total divorce granted.


Gideon Newsom
vs
William Scott
Common action of ejection of said def't against said
complainant pending for recovery of the premises, to wit the
undivided half of#303 (of new survey) of  1st district, be
perpetually enjoined. Complainants do recover of said def't sum
of (blank) Dollars.

Thomas Walden
vs
Alfred Coleman et al
On argument being had in Courth, the Demurrer be overruled and the bill be sustained and entered on the minutes.

Joseph T. Shelton et al
vs
John B. Wright Adm of Mary M. Shelton
Bill for discovery, account & relief. The death of said Joseph
T. Shelton one of the complainants to the above bill having
been suggested and it appearing that William M. Brown has been
appointed Admin of said Joseph T. Shelton.  He will be made a
party to bill, and complainant have leave to amend their Bill
by next term of court.

Robert L. Caldwell
vs
Yelverton H. Caldwell   fi fa
Thos H. Brown, secty on stay bond.
Illegality. Said illegality be overruled and that said fi fa proceed and Sheriff proceed to raise the money due thereon.

Gideon Newsom
vs
William Scott	Rule Nisi
Ordered that rule nise in this case be referred and that this order by entered in the minutes.

Amos Adams
vs
Martha Adams Ext of Ezekiel Adams, dec'd
	Motion for New Trial
After argument ruled that said Rule Nisi be made absolut and that a new trial proceed.

John Watson & wife et al
vs
Owen Barefield and Jesse Barefield	Bill and Demurrer
Court ordered that demurrer be sustained as to all grounds therein except as to the lot of land alleged in the bill to have been sold and conveyed by Jesse Barefiled to Owen Barefield

pg 345
Asa Marshall
vs
William H. Brand  Illegality
Illegality be sustained and Asa Marshall have execution for his cost paid and laid out and expended.

James S & L Bowin
vs
Reese & Corbitt
Rule Nise to pay over money. Def't say they have not collected
the amount of the notes set forth in said rule ni si. Pl'fts
deny the same and alleg that the whole amount have been
collected

The def't Reese & Corbitt having admitted that they have in
hand the sum of $205 collected on account of claimes received
of J.D. Wright. Ordered by court that Reese & Corbitt pay over
to Cook & Holsey, pl'f attorney the sum of $205 within 20 days.

Swift & Ruggles
vs
Charles Hamlin
judgement to pl'f $57

George T. Coxwell et al
vs
Gideon Newsome Adm of Stephen Johnson
Confess judgement to def't

Richard Harvey, pl't in Execution
vs
Lary Whittington, Admin & Deft in fi fa  Fi fa & claim
George W. Towns & F.T. Holcomb claimants
Pending claims in the above case, Richard Harvey has died and
it appearing to the court that Jeremiah C. Harvey has qualified
as Executor of Richard Harvey dec'd and producing in court his
letters and testamentary. It further appearing that George W.
Towns has died and taht Levi B. Smith has been appointed his
executor. Court rules that both be made party to the claim and
proceed.

Caleb Lindsey
vs
Ann Taylor and J.G. Moulton, Garnishee	Debt
Counsel in above case having agreed to the correction of the Judgement rendered so as to express the finding of the Jury.

James L. Wiggins, Admin of William W. Wiggins, dec'd
vs
John A. McCrary  Bill for vender to enforce vendor's lien
Jury find for pl'ft $200 to be paid out of the money arising from the sale of the west half of lot number 9 in block 5 in town of Butler.

Thomas Dempsey
vs
Charles Hamlin
Claim in Sup Court. Claimant being dissatisfied with judgement seeks appeal.

William W. Corbitt
vs
Martha E. Lowe
Def't being dissatisfied with judgement, requests appeal.  J.M. Dugger is security for Martha E. Lowe

E.C. Butt
vs
D.W. Miller & H.Holsey
judgement to pl'f $684

H.P. Corbin
vs
N.R. Nelson, Miles Taylor
Judgement to pl'f $58

Henry E. Parker
vs
John Howell
judgement to pl'f $535. Def't Requests appeal

Robert Scandrett
vs
W.W. Corbit
Bartley McCrary
judgement to pl'f $75

E. Bond
vs
John W. Riley
judgement to pl'f $110

Archibald Mathews
vs
Baldwin Gray		Mortgage
Last term of court Rule Nisi passed requiring def't to pay the principal on lot of land $53 and $76 in 15th District containing 405 acres. Mortgage foreclosed.

Caleb Lindsey
vs
Ann Taylor
Jury find for pl'f $268.86

Wm F. McLendon
vs
Moody Barefield
judgment to pl'f $66.78

Edmund R. Stewart
vs
George Ehrlish
judgement to pl'f $209.15


Wm. R. Lowe
vs
John A. Moss and Wm Bryant
Judgemen to pl'f $90

J.M. & H.F. Mathews
vs
Y.H. Caldwell
judgement to pl'f $52.18

Peter Montfort
vs
John W. James
judgement to pl'f $125

E C Butt
vs
O. Daniel & W.H. Greer
judgement to pl'f $84

J. Ennis
vs
E. B. Waters
judgement to pl'f $139

James Revel
vs
Wm H. Christopher
judgement to pl'f $434

Roger Fox
vs
James A. Ruckle
Jury finds for pl'f $ 256.35

T.M. & H.F. Mathews
vs
W.J. Hammack
judgement to pl'f $83.79

Luran A. Averett
vs
Drewy Averett Jr
Judgment to pl'f $430

Mathews & Williamson
vs
John C. Cozatt
Certiorari.  Judgement of the court below affirmed and the superseder removed. Def't in certiorari recover of the pl't $7.50

Richard F. Davis
vs
A.S. Edwards
Certiorari from Justice Court 757 District
After hearing the answer of the Justice and argument of counsel, the jury found contrary to evidence in this in not allowing all the items of the account claimed except Negro hire. It is therefore ordered that the case be reversed and a new trial had.

John Sturdivant, Ordinary
vs
Clerk Superior Court
Application of the clerk of the Superior Court Administrator.
upon argument had in the above case by the Court that the
application by refusal on the ground that the act of 1851 &
1852 on this sugject appolys only to cases where the ordinatry
was Administrator previous to his appointment as ordinary of
the County and this order to be entered on the minutes.

John Allen vs S.P. Corbin	Rule Nisi Ordered that Rule Nisi be
made returnable to the next term of court.

Roger Fox vs Jas A Rucker Verdict for pl'f $56.35 Dissatisfied.
Brings David O. Smith as security as asks for appeal

Supreme Court Macon Friday 2nd July 1858

Freeman Walker et al vs Persons Williamson et al Case came
before court on transcript. Judgement of lower court affirmed.
Complainants are entitled to an account of land except the 500
acres devised to the wife for her life also to  account for the
notes and other claims in action and perishable property who
belonging to the deceased at the time of his death and also to
an account for Philip's belonging under said will. Remittance
is now of file in the execution of Persons Walker, et al. And
def'ts answer said bill within 90 days from this date and said
case be set for trial at next term of court.

John Watson & wife vs Owen Barefield & Jesse Barefield Bill in
Equity and Demurr. Demurrer in above case has been heard. Such
demur to be sustained on all the grounds in said demurrer
except to the lot of land #11 in the 13th District.

Ordered that County Treasurer pay David H. Williasm $10.25 and
John F. Hericks $12; and William Anderson $19; Jesse Garrett $9
for their services as bailiff.


Supreme Court Macon  Friday July 23rd, 1858

Joseph T. Shelton  & Alonzo D. Shelton by her guardian Jack
Brown and Jack Brown and his wife, Sarah M. Brown vs John B.
Wright, Admin of Mary Martha Shelton Case came before court on
transcript.  Court below is reversed on the ground that the
presiding Judge of the Court below in sustaining the demurrer
to said bill and in overuling the complaints demurrer to
defendant. It is further considered and decreed taht said
complaints do recover of def'ts $21.75 for cost to be levide of
the goods and chattles land and  tenement of said Mary Martha
Shelton dec'd. Def't answer true bill within 90 days and case
be set for trial at next term of court.

pg 353 The petition of Henrietta C. Swift widow of A.M. K.
Swift, late of said county dec'd, who departed this life
intestate as to his real estate and that  said real estate has
been sold since the decease of the said AMK Swift by fi fas
obtained before the decease of the said AMH Swift and that
Jesse D. Bell became the purchaser of one lot of land
containing one hundred sevety acres in the 14th district and
that Bryant Ingram was purchaser at Sheriff's sle of a town lot
in Reynolds having a store house thereon No and acres not
known, and also Elija Hicks became the purchaser at Sheriff
sale of a lot in the town of Reynolds containing a dwellling
and other outhouses that no provision was ever made either
before or after her marriage with the said AMK Swift during
their coveture or since his death to provide for your
petitioner in lieu of her right to dower in the land which her
said husband died seized and possessed nor has she at any time
prior or since death of her said husband accepted any provision
instead of said dower. Notice has been given to Jesse D. Bell,
Bryant Ingram, and Elija Hicks purchasers (there being no
administrator or executor) and to all other parties .
Petitioner prays appointment of commissioners  to admeasure her
dower in said lands.

++++++ Petition of Martha Watson, respectfully sheweth that she
is the widow of Wright Barnes late of said county and now the
wife of Benjamin Watson, sheweth that her former husband,
departed this life in 1855 and that Enoch Duke has become the
administrator on the estate. That her husband at the time of
his death was seized and possessed in his own right the east
half of lot of land #250 3rd District [Cedar Creek District].
No provision was made either before her marriage with the said
Wright Barnes, during the coveture or since his death to
provide for your petitioner in lieu of her rights to dower, nor
has she accepted any provisions instead of her dower. Prays the
appointment of commissioners to admeasure her dower in said
lands. W.W. Corbitt Petitioner's Atty

Commissioners appointed: Jonathan Stewart, Jeremiah Wilchar,
John J. Murray, J.J. Joiner, and William A.H. Bryant.

Petition of Peggy Pope, widow of Britton Pope, late of said
county deceased sheweth that he departed this life the ___ day
of January last past  (Jan 1857) and that William Pope and CAJ
Pope became the Administrators. That he possessed these
lands:14th District LL 83, 78, and 45 acres off Lot #82 and
adjoining other said lands of said Popes and marked as follows:
Beginning a corner on a white oad bush running thence north 22
chains, 50 links to a corner on a black Jack thence west 15
chains to a corner on a white oak and thence south 7 chains to
a corner on a red oak thence west 7 chains ; 50 links to a
corner on a Hickory thences south 15 chains, 50 links to a
corner on a post oak and thence east to the beginning corner on
the above named white oak bush; Also a lot lying near the town
of Butler known as the Stage Stable lot, it being bounded on
the west by J. Hartley; south by Wm B. Johnson land and east by
James Bartlett lot and north by the right of way of the
Muscogee Railroad containing about 1 acre more or less. Also
another parcel of land in the town of Butler eat half of lot no
10 on Block no 5 in said town being 25  feet in front and 112
feet back. That no provision has ever been made for her dower.
Commissioners named: Wm J.F. Mitchell, Peter E. Riley, Bartley
McCrary, John T. Gray, and Curry B. Dickson.

George T. Coxwell et al vs Gideon Newsom, Adm of Stephen
Johnson dec

Bill for account of settlement and judgement confessed to the
defendant for cost of Inst reserving the right of appeal.
Plaintiff being dissatisfied, appeals with John C. Cozatt as
the Security.  G.T. Coxwell and J.C. Cozatt (signed)

J.T. Griffin for the use of William Kendrick vs John A. Moss We
the Jury find for the plaintiff his principal $135 - $28
interest; $17.93 court cost  C.D. Bynum, Foreman


pg 356 We the Grand Jurors sworn for the October Term 1858
reports. We have examined our public building and found them
safe and comfortable. We have examined the roads and find them
generally in good condition. We call attention to the Bridge
across White Water Creek, the road from Butler to Hill's Bridge
across White Water, a road leading from Reynolds to the Macon
County Line and recommend that the bridges and roads be placed
in proper condition.

In relation to the Inferior Court, we deem it not improper to
state as to that tribunal has been condemmed by several Grand
Juries of this state that we are decidely in favor of this
organization and we believe that in all well regulated
commonwealth there should be a final tribunal for the proper
adjudication and settlement of questiong of law to the end that
the law may be made known and uniformity and supremacy be given
to  the same and as we are not familiar with the question that
have lately been decided byt the Court which has given rise to
the complaint against the Court we therefore withold an
expression of opinion in relation to the same.  We have full
faith and condifence in the wisdom and integrity of our
legislature that they will correct any evile which may exist in
relation to the present organization of that body.  In taking
leave of his Honor, Judge Worrill, we beg leave to express our
full and entire appreciation of the faithful and impartial
manner he has conducted business of our court hoping that he
may live long to adorn the bench.  To Solicitor General,
Thadeus Oliver, we give our thanks also for the fairness he has
exhibited in prosecution of crime in behalf of the State. John
H. Wallace, Foreman Richardson Montfort, Elam D. Watters, Wm
A.H. Roylas, Wilbourn Jinks, Willis Jinks, Wm McDowall, Thomas
Amerson, Wiley Lawson, John S. Murray, John A. Childs, Bynum
Horton, John L. Davidson, Wyatt Chesley, Simeon Thompson, John
Whittington, William Montgomery, Willis McClendon, Osborn
Downing, Zachariah Watkins.

pg 357 Thomas J. Draughorn 			Bill of discovery to reform a
written vs						contract. Asa Marshall Adm James Marshall After
argument and consideration of said demurer be and the same it
is ordered and decreed that asid demurer be overuled and that
defendants on or before the first day of the next term of this
court answer said bill.

H.H. Long vs W.R. Shepherd After argument had it is ordered
that the certiorari in the case be sustained and said case be
remanded for a new trial and that the plantiff do recover his
cost.

Rodger Fox vs James A. Rucker Complaint on note. Verdict for
pl'f. $25.35 Plantiff being dissatified with verdict demands
appeal and brings Elam Waters as security.  Rodger Fox and E.B.
Waters

Smith & Shepherd vs Bartley McCrary of Taylor County and Samuel
P. Corbin of Bibb Counyt. Judge confesses for pl'f.    The
defendants demand an appeal.

pg 358 Samuel Montgomery vs Vinson McCutheson The council in
the above case having agreed to arbitration ordered that said
case be withdrawn from court.

It appearing to the court that David Beeland has been duly
apointed trustee for Francis S. Wright by a decree of this
honorable court and that at the sale of the property of Thomas
T. Shine, deceased, the father of said Francies, the said David
Beeland trustee, did purchase more property for his trust
Francis then her distributive share of the deceased father's
estate amounted to and having out which to referred the amount
then due and owing said Estate. IT is therefore ordered all
parties in interest hereunto appointing the said David Beeland
to sell the land belong to said Francis for the purpose of
paying this over purchase from the estate of her deceased
father and other debts due by said David Beeland trustee.

William R. Lowe, executor of William H. Lowe deceased vs Martha
T. Lowe On motion of defendants counsel, it is ordered by the
court that they have leave to withdraw her plea in the above
case. It is further ordered by the Court that the defendant
answer written three months from the adjournment of this court
and that the cause be set down for trial at the next term of
this court.

Rule Nisi having been granted at the April Term 1868 requiring
G.T. Coxwell to pay into this court by the first day of this
term the principal and interest due on certain promisory note
made by the said George T. Coxwell to Elizabeth I. Johnson on
the 13th day of Dec 1855 due on 25 day of Dec next after the
date for the sum of $300 with the cost occuring thereon or to
show cause if any he had why he should not pay the same or in
default thereof the equity of Redemtion of the said Lot #249
and 232 lying in 13th district.

pg 359 Henry E. Williamson vs William C. Spears		Fi Fa
$150.00from Taylor Superior Court It appearing that the above
stated was delivered to William H. Monfort, former Sheriff, who
has failed to pay the sum to the plaintiff.  Monfort ordered to
show cause.

Upon hearing the petition of Martha Lowe for the appointment of
commissioners to measure her dower ordered that: Daniel Royal,
John S. Murray, Alexander Let Wilson, Edward Stewart and
William A.H. Royal be appointed.

Petit Jurors drawn for April Term 1859
1. Isaac Jones
2. David Williams
3. Stephen Hobbs
4. Joshua Bachelor
5. B.W. Jones
6. Thomas Wilson
7. J.B. Lee
8. Wiley Wilson
9. W.S. Lawson
10. John Hinton
11. John A. Cameron
12. Levin Fountain
13. Elija Wirnum
14. J.S. Calhoun
15. G.M. Goslin
16. John D. Sanders
17. Joseph Gentry
18. A. Bird
19. George Layfield
20. E. ? Mathews
21. John Rogers
22. Thomas Downing
23. William Maynard
24. Pinkney Jones
25. L. Hewey
26. H. Durrell
27. M.T. Edwards
28. William Chue
29. A.C. Brand
30. J.W. Turner
31. George Knight
32. John R. Hollis
33. ? W. Jones
34. Wade Helms
35. John Garrett
36. W.W. Palmer
37. John H. Kimball
38. A. Humphries
39. Benjamin Gray
40. N.W. Nelson
41. Drury Lawson
42. Baldwin Gray
43. William Bozeman
44. Enoch Fagin
45. George McDowell
46. G.W. Burnett
47. J.S. Glover

pg 360 
Grand Jurors for April Term 1859
1. John Sturdivant
2. W.M. Stuckey
3. John G. Heath
4. G.A. Heath
5. G.G. Potter
6. John H. Grace
7. Bryant Ingram
8. G.H. Peacock
9. Archibald Hill
10. C.B. Dickson
11. Thomas Humphries
12. Peter E. Riley
13. Y.H. Caldwell
14. John R. England
15. Wm C. Spears
16. Eli Butt
17. T.H. Brown
18. R.P. Hays
19. Jonathan Stewart
20. Bennett Stewart
21. Gideon Newsome
22. Wiley B. Shepherd
23. Henry N. Duke
24. Willis Hobbs
25. J.T. Humphries
26. Wm H. Grier
27. W.H. Caldwell
28. Hiram Drane
29. G.M. Davis
30. H.H. Mangham
31. W.J. Hammock
32. William Anderson
33. John D. Mitchell
34. C.H. Cobb
35. Enoch Garrett
36. John Culverhouse
The court adjourned at half past Eleven o'clock a.m. on the
26th Oct 1859 until the first Monday in April next.

pg 316 January in Chambers Aaron Wortham vs John A. Moss Bill
in equity for discovery and relief appearing by the Sheriff's
return that the defendant does not reside in said county. His
residence is unknown. Ordered that this be published and the
defendant be ordered to appear at April term.

Humbly showest Emaline Grace that she is the wife of John H.
Grace and the daughter of Britain Pope, dec'd. That her father
departed this life in Feb 1858 and died intestate leaving
considerable property and that William Pope and Cullen A.J.
Pope, her brothers, are administrators on said estate.  She
filed her bill against said Administrators, the 12 months not
expiring, and her husband and her next friend, Elam B. Watters,
that her portion of the estate might be settled upon her and
her children and not subject to debts of her present husband.
Elam B. Watters was appointed trustee for her. Administrators
turned over to said trustee the following: Negro girl named
Kiziah valued at $650.00 Three acres of land adjoining the town
of Butler with the improvements known as her residence $600.00
Two cows and calves, household and kitchen furniture = $200.00
Buggy and harness = $100 and there yet remains in the hands of
the Administrators the sum of $500 Shows that said Waters has
resigned his Trusteeship.  She desires that her husband, John
H. Grace be appointed as trustee.  Emaline A. Grace

I am anxious to resign and consent that John H. Grace may be
appointed in my place. E.B. Waters

At Chambers March 2nd 1859 After consideration orders that the
above be recorded.

The petition of Nancy Griggs and Sarah Jane Griggs sheweth that
John Tinley of Richmond County, on the 25th June 1856 did make,
execute and deliver a deed of Grant to Thomas Griggs in trust
for Nancy Griggs and her heirs: two Negroes - Caty and Rose not
to be subject to any debts or contracts of her said husband.
Nancy Griggs now has living eight children to wit: Sarah Jane,
Thomas, Martha Emeline, James, John, Louisa and Elizabeth, the
last seven minors. Nancy Griggs and Sarah Jane Griggs are
desirous of having Thomas Griggs removed from trusteeship, and
the said Thomas consenting and to appoint in his stead, Sarah
Jane Griggs. Sarah Jane Griggs is over the age of twenty and
unmarried.  Nancy (x) Griggs   Sarah Jane (x) Griggs

Feb 28, 1859 Thomas (x) Griggs consent Test: Gideon Newsome
Talbotton at Chambers March 2nd 1859 Trusteeship of Sarah Jane
Griggs approved.

pg 363 February in Chambers Eliza W. Miller, wife of William R.
Miller, by the will and testament of Zachariah Sullivan, late
of the county of Monroe, your oratrix was given a sum of $3,000
from the proceeds of the estate of said dec'd to go to and
belong to her during her life time and to her children by a
former husband to wit: Augusta Walker, wife of Lawrence Walker,
formerly Augusta Fuller,  William Z. Fuller and Isham Fuller.
No trustee was appointed for your oratrix to take charge of
said money. Requests a trustee be appointed to demand the money
she is entitled to from the Executors. She being the daughter
and legatee of said deceased. Requests that her son, William Z.
Fuller, after giving the usual bond and security be appointed.
Eliza W. Miller

I, William R. Miller and husband of the complanant  agree that
William Z. Fuller be appointed trustee for may said wife. Feb
10, 1859

In chambers, Edmund H. Worrill orders the above to be recorded.

Martha Lowe vs William R. Lowe.  Bill for discovery and relief.
At the Oct term 1857 of the Superior Court, the jury found a
verdict in favor of the defendant; pl'f made motion for new
trial upon various grounds. Considered that the court erred and
it is now ordered  that it be set aside and that a new trial be
granted.

pg 365
APRIL TERM 1859
List of Grand Jurors chosen and sworn
1. Henry H. Mangham, Foreman
2. Henry N. Duke
3. Gideon Newsome
4. John B. England
5. Wiley B. Shepherd
6. Gideon M. Davis
7. Thomas H. Brown
8. Willis Hobbs
9. John Sturdivant
10. Yelverton H. Caldwell
11. George A. Heath
12. William Anderson
13. Enoch Garrett
14. George Potter
15. William H. Caldwell
16. Charlie H. Cobb
17. Bennett Stewart
18. William M. Stuckey
19. Robert P. Hays
20. John H. Grace
21. William H. Greer

PETIT JURY For April Term 1859
1. Thomas Wilson
2. George Layfield
3. John Hinton
4. Samuel Hewey
5. George Knight
6. Pinkney Jones
7. John W. Turner
8. N.B. Nelson
9. Joshua Bachelor
10. John J. Garrett
11. G.M. Goslin
12, William Chue
13. John A. Cameron
14. Joseph Gentry
15. Lewis Fountain
16. William Bozeman  Excused
17. Benjamin Gray
18. Elias Cody
19. James Binum
20. J.Q. Adams
21. Joseph Phillips
22. Thomas Griggs
23. Albert Morrell
24. William Lawson
25. James Bowland, Tallyman

W.T. Northern vs W.W. Corbitt, Aza Murray and Daniel Royal We
confess judgement to pl'f $135.00

W.J. Hamilton vs E. Ragum I confess judgement to pl'f $1,036.07

Thomas H. Wright vs Gideon M. Davis Jury finds for def't with
cost of suit. John Sturdivant, Foreman

pg 366 Harriet Nichols & Co vs Elbert Fagan. Judgement to pl'f
$189.00

Harriet Perry Adm vs John W. James ?   W. L. Vinson judgement
to pl'f $100

George T. Rogers & son  vs Joshua Tenneson Jury found for pl'f
against Joshua Tenneson for $1,054.08

John H. Woodgate vs Charles Mulkey Judgement to pl't $209.58

Martha T. Lowe vs P.H. Procter, JP & HMcCrary deft Elizabeth
Montfort claim Jury find for the pl'f in execution. H.H.
Mangham, Foreman

Elbert N. Braown vs John C. Cozatt judgement to pl'f $154.00

The State vs Marion Cox  True Bill Assault

Joshua Grace vs James Calhoun It is ordered by court by consent
that said case be carried appeal without prejudice to either
party.

pg 367 Justices of Inferior Court vs Osborn Downing, R.M.
Whittington, and J. Q Adams Ordered that said case be
transferred to the appeal and said case stand for trial without
prejudice.

JP Griffin for the ? of William J. Kendrick, Plt'f in fi fa vs
John A. Moss, Deft in fi fa  Sampson Bell, Claimant Case to be
transferred to appeal.

David O. Smith, pl'f vs John Adkins, Def  H.L. Adkins, Claimant
Jury find the issue for claimant. H.H. Mangham, Foreman

Elizabeth Wilson vs Benjamin R. Wilson   Libel for divorce Jury
find that sufficient proofs have been referred to our
consideration to authorize a total divorce

Mary Ann Foster vs George W. Foster  Libel for divorce Jury
find that sufficient proofs have been referred to our
consideration to authorize a total divorce

William M Brown vs John A. Moss deft  David D. Davis claimant.
Claimant moves to withdraw the case.

Benjamin F. Bunton vs Christopher C. Brooks. Confess judgement
to pl'f $146.00

David Smith vs John Adkins, Deft. Elizabeth Adkins, claimant
Jury finds for pl'f in execution.  H.H. Mangham, Foreman

pg 366 The state vs Elias Barefield   Assault with intent to
murder. True Bill.

The State vs James Adams  Turning from the house.  True Bill

The State vs Willis McLendon  Assault and Battery. True Bill

The State vs John Barefield, Warren Barefield, Elias Barfield,
James Stubbs  True Bill

E.H. Rawls vs James G. Moulton Fi fa & Rule nisi against
Sheriff It appearing that L.Q. McCrary, Sheriff of Taylor
County has been called upon by rule nise in the above case to
show cause why he fails to pay over to the pl'f. Having failed
to show cause, court orders him to pay over the money or be
held in contempt of court.

Thadeus Oliver, the Sec Gen of the court has failed to attend
this term. Ordered that Wm L. Elam, an attorney of this cour be
appointed Sol pro tem to prepare the isntruments and other
business of the court.

The State vs Marion Cox. Jury find the defendant guilty.
William Chue, Foreman

pg 369 William Page vs Sarah Page Jury find that sufficient
proof has been referred to authorize a total divorce. April 6,
1859.

The State vs Marion Cox.  Misdemeanor and verdict of guilty
Ordered that defendant pay a fine of $50.00 and cost of
prosecution and that he be confined in common jail for six days
and not to be discharged from thence until he has paid the
$50.00, cost of prosecution, and jail fees.

The State vs John M. Denson  Assault & Battery   True Bill

The State vs Elias Hortman  Fornication  True Bill

The State vs Joseph Blair  Misdemeanor  True Bill

The State vs Sarah Sutton  Fornication  True Bill

Mary Ann Foster vs Jeremiah Wilchar Jury find and decree that
Mary Ann Foster, complaintant is the granddaughter of Jordan
Wilchar dec'd and as such is entitled to a distribution share
of the estate of said Jordan Wilchar that said Jordan Wilchar
dec'd (*I think this is in error and should be Jeremiah dec'd)
being the next of kin or distributor and representative that
the share of said complaintant is one seventeenth  of said
estate. We further find and decree that the accoutn of the
Administration of said Jordan Wilcher be referred to David
Worsham of the County of Marion to ascertain the amount the
share of said complainant.  David Worsham is to make his return
of the same to this court whereupon the said defendant shall
return in his hands for the sole and separate use benefit and
support complainant and her child, William.  Trustee with leave
to pay over to compl't the said interest and said share until
said may be applied for said compl't and her child to the
exclusion of the marital rights of her present or any future
husband. it is further decreed that said def't pay out of said
share $100 counsel fees to W.W. Corbitt, compl't solicitor and
that the cost of this proceeding be paid out to comp't.  H.H.
Mangham, Foreman

Ordered that County Treasurer pay J.B. Wright $3.00 ? at this
term of court.

pg 370