SUPERIOR COURT TAYLOR COUNTY APRIL TERM 1854 Superior Court met agreeable a special act of the legislature present Martin J. Crawford, His honor GRAND JURORS sworn 1. Alexander N. Riley 1. Allen Johnston 1. Woodward Barnes 1. William H. Williamson 1. Wilborn Jinks 1. John A. Cameron 1. John C. Cozatt 1. Richard B. Rucker 1. Jesse Stallings 1. Berry Hobbs 1. John M. Hobbs 1. James Williamson 1. Britton Pope 1. James W. Ellis 1. William J. Whitington 1. Septimus L. Brewer 1. Terry C. Carr 1. William J.F. Mitchell PETIT JURORS enpaneled and sworn No 1 1. Henry Hortman 1. David Hortman 1. Robert M Whittington 1. Albert Worrell 1. William H. Fennel 1. Joshua R. Bachelor 1. Joseph Tadlock 1. Wm Whittington 1. Benjamin Young 1. Pinkney Jones 1. C. Bradley 1. George Gallman No. 2 1. Seaborn Mulkey 1. John Turner 1. Baldwin Gray 1. Cross R. David 1. Thomas Walding 1. John J. Freeman 1. Uriah Wilson 1. Isaac Sringfield 1. James Moss 1. James Garrett 1. Levi Jones 1. Zachariah Watkins The State vs Thomas G. Blackman Perjury No Bill Hugh A Nickson vs. Ezekiel Royal Confess to pl’f $80 A. McCants vs James Cox Confess to pl’f $45 Barney Goslin vs Elias Cody & James Williamson We confess to pl’f $92.47 James Williamson and Benj F. Reese for Elias Cody Jas P. Miller vs John A.J. McCrary, William Wiggins & John A.W. McCants Confess to pl’f $17.56 James S. Bartlett vs John B. Arnolds, William G. Lavender & others Motion to establish lost papers. At last term a rule nisi was granted. Failure to serve it on the defendants. Next term of court. Henry Garum vs Benjamin Lancaster, Wright Barnes, & De Kalb Gassett Ejectment. Ordered dismissed. Solomon Wall vs Robert Ellison, John Joiner Casa bond Principal $35.45; Interest $8.05; Cost $14.12 Defendant with John Joiner as surety bond for appearance of Defendant. Defendant has failed to appear. Bond is forfeited. Said Solomon Wall recover of said Ellison as prinicapl and said Joiner as secruity, $70.93 the penalty of said bond. D.W. Miller P’f atty Bryan W. Jones vs Bettiana Jones Libel for Divorce Defendant does not reside within state. Motion ordered that said defendant appear and answer next term of court Oct 1st Monday else the case will be considered in defalut, and the plaintiff be allowed to proceed. Robert Scandrett vs Seaborn R. Hobbs Petion and Rule to foreclose mortgage Robert Scandrett’s petition to foreclose. On 28th Mach 1853, Seaborn R. Hobbs, Two town lots in Butler @2 on Block 10. #2 on Block #4. All the appurtenance to said lots were included. On 21st June 1852, said Hobbs executed to Gray & Vanpel 7 promissory notes—6 for $30.76. due Oct 21st 1852. Jan 4, 1854 notes still unpaid. Said firm transferred to petitioner the whole of said notes in a fair cause of trade. Whole of said notes past due. Total amount due: $753.76 besides inerest. Petitioner prays rule requiring said Hobbs to pay principal and interest before the next term of court. Failure will result in foreclosure. Court so ordered. George Gregory vs Ezekial Royal Complaint settled John Sturdivant vs John Joiner & Wm W. Wilson Complaint settled Porter Fleming vs Robert Bailey Ejection ordered this case be continued John Doe ex dem George Eason & George W. Darden vs Rich & Roe Co Ejt & Royal H. Daniel Tenant Ejectment ordered this case be continued. Bryan W. Jones vs Bettiana Jones. Libel for Divorce. Rule for publication ordered. A.M. K. Swift vs Christopher C. Brooks Confess judgement to pl’f $200 Person & Jennings vs B.J. Stewart Confess to pl’f $105.88 Benj F. Reese, def’t atty Condict Jennings vs John M. Hobbs Complaint Confess to pl’f $163.12 Benj F. Reese def’t atty Roberts & Foots vs John Barner and F.M. Buzbee Confess to pl’f $109 Josiah M. Mathews vs Richard Barfeel Jury find for pl’f $50.60 Roberts & Foots vs John Q. Adams Complaint Confess to pl’f $57.07 Chis Q. Williams de’ft att Roberts & Foots vs Thomas D. Humphries Confess to pl’f $180.43 D.W. Miller def’t att Thomas C. Brown vs Rhoda Morris Confess to pl’f $380.50 E.G. Cabaness vs John B. Arnold Jury find for pl’f $166.66 D.S. Little & Co Vs Davis Castleberry Complaint Confess pl’f $200 Executors of J.A. Everett vs. George W. Towns Bill in Equity Ordered that complainant have leave to have to amend their bill in this case by striking out of said bill all charges that the sheriff who sold the lands in dispute remaining after said sale and to whit therein that said sheriff duly paid over the Treasure of said State just payment for said lands and the same was rec’d by the sheriff. S.L. Baly and G.R. Hunter It appears to Court that Thomas Joiner was summoned as a Petit Juror and also sworn as such Juror, failed to attend as such Juror in consequence of being drunk it is therefore ordered by the court that said Juror be fined sum $20. Alfred Coleman petitioner, arrested by Sheriff of Taylor Co. under two Casa from Sup Cout in favor of C & H Coleman and gave bonds with security for his appearance at this term , your petitioner surety has surrendered him in open court. Petitions entirely insolvent. He is willing to give up all his property and take the oath for the relief of honest debtors he has filed in the office of clerk of this court agreeable to law a schedule of all his effects and has notified his creditors as the law directs. The creditors thus notified are the following to wit G. Y H. Cameron Webster & Palmer , E.F. Wood Wiley Bankds High Shoals Factory J.A. Mayer, James M. Carter, W.H. May & Co and J.S. Bench. Copies of the notices are filed with the clerk. Prays he be allowed to take the oath prescribed for insolvent debtors & be discharged. I, Alfred Coleman, swears “I am not possessed of real or personal estate debts credits or effects securities or contracts whatsoever my wearing apparel, bedding for myself and family and the working tools or implements of my trade, or calling together with the necessary equipments for a militia soldier excepted and except such other things as are allowed by Law…I have not directly or indirectly since my imprisonment or before sold leased assigned or otherwise disposed of or made over in trust for myself or otherwise any past of my lands, estates, goods, stocks, money, debts, securities, or contracts whereby any money may hereafter become payable or any real or personal estate whereby to have or expect any benefit or profit to myself, my wife, or heirs so help me God in open court April 8, 1854. Attest W. A. S. Kellie dep’t clerk Foregoing petition of Alfred Coleman heard. Ordered discharge said Coleman from custody as far as concerns any matter. Coleman ordered to pay $11.25 cost of his proceeding. D.W. Miller Pet’ atty. Martin J. Crawford, Judge Carson Greer & Co vs Martin Busbee 2 cases and Cases 2 bonds >? S. Bartlett is surity of Martin Busbee in open court. Surety be exonerated from his bond. Carson Greer vs Marian Beasley Arrested by virtue of two Ca Sa returnale to said Court that James Bartlett the security said Ca Sa bond has surrendered said Busby in open court and been exonerated from said bond…said Busby having failed to apply for the benefit of an act for the relief of honest debtors. Ordered said Busy be committed to Jail there to remain until he comply with the Law in such case so made. Charles Hartridge vs John Garner Fi Fa in Taylor Sup Court Princip $225.13 Int to judg Nov 25 term $16.90 Int to day $5.20 Jury Fee $3.00 Above fi fa has been in the possession of John M. Thompson Sheriff a sufficient length of time to have collected the same and having failed to do so it is orderd that he shew cause so…why he should not pay over to pl’f Cook & Montfort the principle and interest. Cook & Montfort pl’f atty I acknowlede due legal notice. J.M. Thompson, Sheriff. Having failed to show cause.. John M. Thompson, ordered to pay over the same to Cook & Montforet pl’f att John A. Nelson vs James B. Nelson Rule to foreclose mortgage.s Last term of court rule nisi granted to said John A. Nelson. Shows to court that it is unpaid. Said mortgage be foreclosed and fi fa issued for the sale of said premises. Stubs & Hall, pl’f atty Townend Crain & Co vs John A.W. McCants & George McCants partners issuing the firm name and styles of Mcants & Co. Complaint and garnishment in Tay Sup Ct Comes Jams B. Hamilton wh has been garneshed in the above stated case returnable to this term of said court and for answer to said summons of garneshment say that he was at the time of the service of said summons of garneshment and is now indebted to the said firm of McCants & Co in the sum of $36 by an open account for 1853 which stans open the books of said debts and the debt further inquiry said tht he was & is now indebted to said John A.W. McCants our of the frim of Mcants & Co in the sum of $6. Personally appeared before me, James B. Hamilton who being duly sworn deposeth and sayeth that the above answer is true to the best of his knowledge and belief so help him God. April 4, 1854. Jas B Hamilton Isaac Townsend Cicero M. Arnold John G. Crane Robert A. Johnston John Reed Boyalstone Henry Johnston using the style of Townsend & Crane & Co. Vs John A.W. McCants & George McCants partners using the firm name of McCants & Co Complaint Garneshment. It appearing to the Court that Jeremiah McCants served with a summons of garneshment, called upon to answer what he is indebted to or what effects or property of the said McCants & Co or or either of the members thereof he has in his possession or control or had at the time of the service, and having failed to do so, ordered to shew cause by 1st day of next term why judgement should not be entered up against him for the principal, interest due on the above stated case. Copy of this Rule served to Jeremiah McCants. Cook & Montfort, Pl’f atty Isaac Townsend, etc as above. Andrew McCants served with a summons of garneshment called to answer. Having failed to answer, ordered to shew cause by 1st day of next term. Bartley McCrary served with a summons, etc, etc. W.W. Arnold Vs John B Lisson Complaint Counsel of Plantiff and suggest the death of pl’f ordered that scire facias issue within three months and service perfected upon the parties defendant to show cause if any why Julianna Arnold, Administrator of the said William W. Arnold, shll not be made party to said cause. G.P. Culverhouse, pl’f atty Greer & Carson Vs Francis M. Buzbe 2 casa bond deft deliver up by security and committee The def’t having satisfied pl’f attorney of his inability to pay said ca sa or give security, it is therefore ordered that he be hence discharged from said court and imprisonment On account of the sickness of John A.W. McCants clerk of the cort, this day, William A. Skellies was appointed to perform the duties of said clerk and now it appearing that the said Skeillis has performed the duties of clerk in a manner satisfactory to the cout it is therefore ordered that the said Skellie given $3.00 out of any funds in the Treasurey. Ezekiel H. Adams vs John Sturdivant Fi fa returnable March 1852 Principal $128 Interest 14.76 Cost 6.00 Hansford W. Griffin for the use of William L. Griffine vs John Garner Fi fa returnable March term 1850 Principal $75.00 Interes 4.75 Cost 7.00 It being shown to the court that the above fi fas were issued and placed in the hands of Sheriff, John M. Thompson and have been in his hands a sufficient amount of time, and he has failed to return said executions or to pay over the amt of money due. Ordered John M. Thomposn forthwith return said fi fa into court together with his actings and show cause why he should not pay over the said pl’f. Miller & Hall pl’f atty Rule Nisi. Sheriff should pay over to pl’f atty. Nathanial B. Walker Survivor Vs Dickson B. Ferrel Fi Fa from April term 1854 Principal $70.00 Interest $4.50 Cost 15.42 It appearing to the court that John M. Thompson, Sheriff has collected the above sum and ordered bo pay to said pl’f. Nathaniel B. Walker Vs Dickson B. Ferrel Rule nisi against John M. Thompson, Sheriff Ordered Thompson to pay or shew cause why he is not in contempt of court. Treasurer to pay to John M. Thompson for wood saw dust, candles furnished at this trm $6.00 Ordered the $3.00 be paid to Enoch Garrett, John A. Hamilton, John Hericks, Washington Wade, Gipson M. Dean for 3 days as bailiff Pg 93 A list of Grand Jury for the Oct Term 1854 1. W.A. Skellie 1. Marion Buzby 1. Jas H. Mills 1. James M. Thompson 1. James C. king 1. George C. Dean 1. E. Royal 1. P. Walker 1. W.R. Miller 1. J.M. Hartley 1. J.E. Roper 1. J.W. D. Mitchell 1. W.H. Miller 1. W.A. Melson 1. T.J. Riley 1. R.P. Hays 1. W.H. Lowe 1. E.W. Boden 1. R.C. Barley 1. Avon Windham 1. John H. Grace 1. Johnathan Stewart 1. N. Spears 1. J.L. Murray 1. J.S. Willis 1. D.A.J. Willis 1. Jesse A. Hollingsworth 1. Nixon Williamson 1. Jackson Fountain 1. James Bowden 1. ALM Williamson 1. John W. Hays 1. A.B. Rodney 1. Willis Whatley 1. W.H. Green 1. Silas Thompson LIST OF PET JURORS OCT 1854 1. W.J. Wilson 1. Benj R. Wilson 1. Isaac Stanford 1. Leroy Millirons 1. W.O. Neal 1. J.A. Hamilton 1. T. Wallace 1. Wm Felts 1. E M. J Grace 1. Stephen Roger 1. Wm Dickerson 1. Z.R. Brand 1. Biajah Williamson 1. Henry Worsham 1. Wm Meaks 1. Charles Hamlin 1. Benj McKenney 1. Wm Wilson 1. T. Layfield 1. J. Cox 1. John Kimbrel 1. H. Pullen 1. C. Stewart 1. J.W. Daniel 1. Sol Taylor 1. B.F. Lockheart 1. Benjamin cockran 1. John Hobbs 1. Jeremiah Bolin 1. M. Rodgers 1. T.A. Spinks 1. Joseph Sheriden 1. T.J. Reavey 1. John A. Garner 1. James Bartlett 1. William Hataway 1. John Windham 1. James O. Watson 1. John Clark 1. John Hericks 1. John Perkins 1. Joseph Stringfield 1. John H. Kimble 1. J. Rhodes 1. Starling Bartlett 1. Enoch Garret 1. Henry H. Howell 1. Adam Wainwright Martin J. Crawford, Judge Pt 94 James H. Everett, Myles L. Green Adolphus D. Kendrick ex Jas A Everett dec’d Vs George W. Tomey Bill for Discovery Relief Now on the trial of said cause before the Court a special jury empowered to by the same and after complaint have closed the proof and so announced to the court the defendant by his counsel to dismiss compl’t bill on the ground that said complaint hve not by their proof made such a case as entitles them to a decree in said caus. Because first share is no proof before the jury that said executors have by the will of said Everet any interest in or contract over the subject matter of said bill. Because second there is no evidence before the jury as to the existence or the controll out in said bill between the State of GA and said Everett . It is concluded by Court that said demurr be sustained and the said bill be dismissed. Wiley Banks & Co Afred Coleman Debt Towns & Holcombe Fi fa & claim The court having at this appeal June 1854 of this court having withdrawn their claim to said property, ordered that Sheriff do proceed with said fi fa to sell said property in accordance to law. Cook & Montfort pl’f atty Page 95 John Doe ex deus Major Lyon and Robert L. Marheet & Thomas Bane Vs Richard Roe casual ejection and Enoch Garrett and George Night Tennant in possession Jury find the property in dispute to be the property of the pl’f. Alexander H. Riley, Foreman G. Y H. Cameron Vs Alford Coleman Henry H. Lang security for def’t has surrendered his principle in open court in discharge of his liability in both the above bonds. Ordered the Sheriff take def’d in custody and that said security be exonerated from said bond. Henry E. Parker Vs David Hortman On the apeal. It is agreed Henry E. parker will pay five dollars of the cost in the first place and then whatever balance of the cost each of us is to pay the one half. Henry E. Parker, Gideon Newsom, Daniel Hortman deft Executors of J. Everett Vs George W. Towns Bill An amendment ordered that cause be and it is herby set for trial on the bill and answer filed. J.R. Hunter S conpf atty Page 96 The State Vs John Clark – Horam Williams ASSAULT AND BATTERY Def’t appeared and demanded a trial. Demand to go on minutes G & H Cameron vs A. Coleman PETITION & RULE for discharge as Insolvent Debtor Alford Coleman, was arrested by the Sheriff under 2 ca sa in favor of G & H Cameron and gave bonds with security for his appearance at the terms of court. He surrendered to Court, is completely insolvent, he is willing to give up all his property and take the oath for the relief of honest debtors. He has filed in the office of the Clerk of this court. Agreeable to Law a schedule of all his effects and had notified his creditors as the Law direct. The creditors thus notified are: G & H Cameron, Webster & Palmer, E.F. Wood, Welly Banks & Co, High Shoals Factory, JA. (blank), Jas H Carter, W.H. May, J.D. Beach. D.W. Miller pet’n att Isaac Townsend, Cicero M. Arnold, John G. Crane, Robert N Johnson, John Reed Boyleston, Henry Johnson, partners using the firm named style of Townsend Crane & Co. Vs John A.W. McCants and George McCants partied using the name of McCants & Co Complaint and gareshment Term 1854 Appears Isaac Mulkey was duly served with summons of gareshment in above case, to say what he has in his possession belonging to said McCants, having failed to answer, it is ordered by court that he shew cause by next court why judgment should not be entred up against him for principal, interest & cost. Cook & Montfort, Pl’f atty I acknowledge due service on this record. April 5, 1854 Isaac Mulkey Pg 98 Stone Starr al Vs John B. Sesson RULE NISI to Foreclose Mortgage Appears on Feb 15, 1843, Stone Starr & Co (Merchants & Partners), John B. Sesson made and delivered to the said Stone Star his 4 certain promissory notes payable to them at six eight ten and twelve months for value receid at the Agency of the Marine & Fired Insurance Bank in Macon. 1st note being $339.26, etc Mortgage on Lot #5 in (blank) district of originally Muscogee and afterwards Crawford, and now Taylor Co, containing 202 ½ acres. Ordered John B. Sesson do pay into Court by the 1st day of the next term – or foreclosed. Rule to be published in public Gazette. G.R. Hunter, pl’f atty The State Vs James L Hesters ARSON It appears to court that Zacariah J. Parks & William Howards have been subpoenaed to attend as witnesses for the df’t; they fail to obey. Ordered that each be served personally with a copy of this rule and that they accompany the officer serving the same rit – at open court at the next term, show cause why they should not be punished. The Stat Vs James L. Hesters INDICTED FOR ARSON De’ft having been taken into custody during this regular term of the court and a new bond having been required of him which he has given. Ordered security, Henry N. Bake, hereby exonerated and discharged from all liabiilty. Pag 100 The State Vs Seaborn Mullins MALICIOUS MISCHIEF Jurors: John Tumer Balwin Gray C.R. Davis John J. Freeman Isaac Stringfield J.P. Garrett James Moss A. Morrells A. William H.M. Fennels A. Joshua R. Bachelor A. William Whittington Benjamin Going Reached the following verdict: Find the def’t guilty. The State Vs William W. Wiggins ASSAULT WITH INTENT TO MURDER Now at this term of the court, comes the def’t and a jury being empaneled claimed a trial and at the sustance of the State the same is refused. The State Vs W.W. Wiggins ASSAULT WITH INTENT TO MURDER Smith Riley, Green B. Cason, E.B. Waters and W.P. Stringfield having been legally sub poened to attend at this term of the court as witnesses in behalf of the State and Ans said named witnesses having failed to appear, ordered that each appear at the next term and show cause why they should not be punished. Pg 101 John Hudson vs Mahalia Hudson LIBEL FOR DIVORCE Jury: A.H. Riley Woodard Barnes Wilborn Jinks John O. Cozatt Jesse Stallings Wiley Kendrick James Ellis P.C. Carr R.B. Ruskin W.P. Whittington Butler Poke Jas Williams Jurdy find that sufficient proof have been refused to our consideration to authorize a divorce that is to say a demur a matrimonial upon legal principles between the partied to this suit. Alex H. Riley, Foreman John Hudson vs Mahala Hudson LIBEL FOR DIVORCE It appearing to the court that at the last May term of this court an order was granted the pl’f to perfect service of our Libel upon the defendant by publication of said order in the Coljumbus Enquirer once a month for 3 months. TO the Honorable Martin J. Crawford, Judge of the Superior Court of the Chattahoochee district The petition of Xavier B. LeSueur, sheweth that he desires admission to the bar. He is 21 years of age and has read law. As to the moral character, he refers to the annexed certificate. Your petitioner prays a committee to exam him at such time as may suit your Honor during the present term April 3, 1854. D.W. Miller, Atty at law Pg 102 Committee of Examination Common Law – E. Worrell Equity – L B. Smith Statutes – M.H. Blanford Constitutions – C.J. Williams Penal Code – Sole Genr; Examined and approved. John Hudson Vs Henry N. Duke BILL FOR SPECIFIC PERFORMANCE Ordered this case be continued at pl’f instance SUMMARY of April 1854 Cour We the Grand Jury….. By a committee apointed…fully recommend to the proper authorities that the platform attached to the Jail be enlarged to a proper size as it now being entirely too small and also that the same enclosed with substantial railings. Recommend that Jury Room, especially the Grand Jury rooms be furnished with suitable seats and a table. Recommend Judge’s stand be lowered …can be easily accommplished by raising the floor which we recommend to be done. The insolvent List as returned us by the Tax Collector for the preceding year amounts to $72.78. Recommend that he have $24.92 as the State Tax and the county tax $19.21. Books of Treasurer, W.A. Skellie approved. Amount of indebtness for county $1893.25 Available amount $2520.19 leaving a balance of $626.94 in favor of the county and $452 in suit undetermined. Books of Inferior and Superior Court and Ordinary office - approve Recommend that immediate steps to furnish the rooms occupied by the clerks of inferior and superior court and by the ordinary officers with everything that is necessary in order that each of the officer may keep their books in a more creditable manner, and be able to keep all their papers in a more systematic order. Recommend Tax of 25 per cent be levied on the State Tax for Poor School Purposes. Examined List of Voters of the late Jan election and are pleased to state that we find no illegal voting, but in this connection we would most respectfully urge upon managers of elections to be more careful in compling with the law as regards electionary returns. The great number of True Bills found by different Juror against the violation of our Penal Laws and the very few who are brought to trial much less to conviction goes to prove very conclusively to our minds that there is a woeful deficiency and want of energy in the execution of said laws. For the good of our state and the peace and safety thereof ot its law abiding citizens we hope that offenders may receive the punishment merited by their crimes. We most cheerfully return out thanks to…Judge Crawford….Jas Brown, solititor General Recommend these presentments be published in Southern Democrat and Columbus Enquirer. Alexander H. Riley Foreman William JT Mitchell Jesee Stallings Wiley Kendrick Woodard Barnes H. Williamson Allen Johnston Wilbourn Jinks John A. Cameron John C. Cozatt R.B. Rucker Britton Pope Berry Hobbs John M. Hobbs J.W. Ellis W.P. Whittington Septimus Brewer Perry C. Carm R.M.J. Mitchells, Joseph Brannon, Jeremiah Watters, G.F. McCrary, James H. Sanders, William A.H. Royal, William P. Edwards, P.E. Rile, Wm H. Brooks, George mcDowell and Robert C. Bailey. Above Grand Jurors failed to attend as required; ordered adjuged by he court each one be fined in the sum of $40. April Term 1854 STATE of GA Upon the relation of B.F. Newsome MANDAMUS NISI Vs The Justices of the Sup Court Upon hearing the foregoing petition and affadavit it is ordeed by the court that said Mandamus nisi be granted . Copty be seved upon the Justices of Inf Court by the Sheriff and that they answer to the facts in said petition at next term of court. Martin J. Crawford, JSCC Upon the relation of the petition of Benjamin F. Newsome, sheweth that he is and was at the time mentioined, a practicing Physician and that heretofor to wit, in the month of Dec 1852 and the months Jan & Feb 1853 at the specail instance and request of the Inf Court composed of John Sturdivant, Thomas J. Riley, Isaac Mulkey and Hirma Drane, he undertook then and there to treat certain cases of Small Pox then prevailing in said county and those cases which might originate from those already then prevailing in said county and to give such medicines and medical treatment and attention as was necessary to the cure of said cases as would present the further spread of said disease and your relator further sheweth that in pursance of the undertaking on his part he healed 15 caes of Small Pox and vacinated 12 persons and charged for his sevices $1540 which will more fully appear by reference to the bill of particulars of the same hereunto annexed and which your relator is only a fair and reasonalbe compensation for his work… relator has demanded his payment, and refused to pay said money or any part of it. Prays your Honor to issue a Mandamus against the Justices of Inf Court to wit: Thomas J. Riley, Isaac Mulkey, William H. Lowe, Alexander M.K. Swift, Hiram Drane, calling upon them to appear before this court now in session and shew cause they whould not pay over the said relator the said sum. D.W. Miller, Miller & Hall W.W. Corbitt & W.H. Robinson Relator’s Atty In person appeared before David Brand, a Justice of the Peace Benjamine F. Newsome and being duly sworn deposeth the said facts… B.F. Newsom Sworn April 3, 1854 To attention and Treatment of 10 cases of Small Pox in A. Worrell’s family $1,000.00 To attention and Treatment of 4 cases of Small pox in Wright Johnston family $400.00 To attention and treatment of 1 case of small Pox in Wm B. Brooks Family $40.00 Robert Scandrett Vs Riay M.J. Mitchell We the Jury find for pl’f $40 John A. Hamilton, Foreman (Entered at the wrong place) Freeman Roberts & Co Vs Stephen Royal I confess judgement to pl’f $150.52 B.F Respess, Atty Pg 158 MAY 23rd 1854 John M. Thompson and James Thompson Vs James Layfield, Sheriff Application to be relieved from further liability on Sheriff’s Bond. John M. Thompson and James Thompson, having notified his Excellency, Herschel V. Johnston, Gov of GA of their desire to be relieved from further liability on the official Bond of the said James Layfield, Sheriff of Taylor Co and the Gov having issued his order requiring the said James Layfield to give surety in place of the said John M. Thompson and James Thompson. Ordered that James Layfield appear before me at chambers in the city of Columbus on 29th May inst to comply with order. Martin J. Crawford, JSCCC Execution Department Milledgeville may 18, 1854 To James Layfield, Esq Sheriff Taylor Co, As John M. Thompson and James Thompson have given in writing their desire to be relieved of bond….hereby require James Layfield to give surety in place of Pg 109 James Layfield as principal, Charlton Y. Perry and John B. Wright as Security, are hled and firmly bound to Gv. Herschel V. Johnston, Governor, $20,000 for the true payment of which we bind ourselves this day 29th May 1854. OCTOBER TERM 1854 Superior meet agreeable to adjuournment, Judge Martin J. Crawford presiding and Jack Brown Sol Gen List of Grand Jurors sworn at this term of the court 1. T.J. Riley 1. Nat Spears 1. John H. Grace 1. Jackson Fountain ex 1. D.A.J Willis 1. A.L.N. Wilson 1. John S. Murray 1. Marion Buzbee 1. R.P. Hays 1. A Windham 1. J.A. Hollingsworth 1. W.H. Miller 1. Willis Whatley 1. E.W. Bowden 1. John D. Mitchell 1. W.H. Green 1. J.W. Hays 1. J. Stewart 1. Silas M. Thompson 1. James H. Mills / Miller? 1. J.M. Willis PETIT JURORS 1. Benj R. Willson 1. Leroy Millirons 1. J.A. Hamilton 1. Stephen Rogers 1. Wm Dickerson 1. Z.R. Brand 1. Benja Williamson 1. Henry Pullen 1. C. Stewart 1. John Hobbs 1. Mathew Rogers 1. Stephen Rogers 1. T.A. Spinks 1 1. Joseph Shurden 2 15. John G. Garner 3 1. Jas ? Bartlett 1. John Windham 1. James O. Watson 1. John Herick 1. Joseph Stringfield 1. Enoch Garret 1. Henry H. Howell 1. Adam Wainwright 1. P.L.D. Brand R.W. Howe & Co Vs John B. Sisson 2 Ca Sa No 13 & 55 returnable to April 1854 It is ordered by the court that the above two ca sa be consolidated and proceed as one case. We confess judgment to pl’f $288.32 Miller & LeSeur D’ft atty Kinchen L. Worthey Vs Fredrick West TRESPASS Ordered by court that above stated case be placed on the Appeal by consent, the court abid the final decision of the case Oct 1854 W.G. Horsley de’f atty; D.W. Miller, de’ft atty Kinchen L. Worthey Vs Frederick West COMPLAINT Ordered on consent of partied, case placed on appeal LIST OF GRAND JURORS DRAWN at this term of court for April term 1855 1. Jesse Adams 1. James J. Gray 1. John M. Thompson 1. Daniel Whatley 1. Jeremiah Watters 1. Lawrence Walker 1. Wilborn Jinks 1. Bartley McCrary 1. James Thompson 1. Septimus L. Brewer 1. Willis Jinks 1. James P. Rouseau 1. G.S. Joiner 1. Jesse Stallings 1. H.H. Long 1. J.C.R. Lockheart 1. Wiley Kendrick 1. Berry Hobbs 1. A.J. Colbert 1. John M. Hobbs 1. Woodard Barnes 1. S.H. Dwight 1. Dixon B. Ferrell 1. Bennett Stewart 1. John Williamson 1. Andrew McCants 1. P.C. Carr 1. Hiram Drane 1. J.W. Ellis 1. W.B. Whitttington 1. G.L. Taylor 1. William Montgomery 1. Joseph Brannon 1. A.H. Riley 1. Joab Coursey 1. William P. Edwards PETIT JURORS DRAWN FOR APRIL 1855 1. Jacob Hortman 1. John Silas 1. Andrew M. Howell 1. William R. Shepherd 1. H.J. Greer 1. Reubin Dickenson 1. Peter ? niall 1. Samuel J. Harvey 1. Smauel Haynes 1. Charles Gassett 1. S.W. Jackson 1. Joshua Harris 1. Edward Rogers 1. C. Ausley 1. J.Q. Adams 1. James Cottenhead 1. Seaborn Mullins 1. D.W. Spicer 1. Wiley Lawson 1. John Hudson 1. Samuel Adams 1. A. Hortman 1. J. Mitchell 1. H.E. Parker 1. Thos Lawrence 1. John Joiner 1. Benjamin Young 1. John Turner 1. H.H. Williams 1. C.D. Benum 1. Benjamin Posey 1. M.O. Loyd 1. Decalb Gassett 1. M. L. Brand 1. T.R. Wilson 1. Seaborn Gray 1. George Layfield 1. Joseph Riley 1. J.U. Priester 1. Macon P. Short 1. George Night 1. Thomas Joiner 1. Amos Rogers 1. Thomas Wilson 1. James Ham 1. Isaac Stringfield J.w. Castens Vs Wright & Hamilton ASSUMPSIT – 2nd day of Oct 1854 We confess judgment to pl’f $100.55 Russ & Corbitt def’t atty Mgene & Butt Vs Jacob Pare DEBT I confess judgement to pl’f $44. Wm H. Robinson Vs Thomas Ragland COMPLAINT We confess judgement to pl’f $250 Reese & Corbitt Thomas J. Baskin Vs William Mulkey COMPLAINT AND BAIL We confess judgement to pl’f $40 Reese & Corbitt Dft atty A. Wesson Vs Thomas R. Gates ASSUMPSIT I confess judgement to pl’t $306.55 Thomas R. Gates Robert Scandrett Vs Ricey M.J. Mitchell COMPLAINT We the jury find for pl’f $40. John A. Hamilton, Foreman Freeman Roberts & Co Vs Stephen Royal DEBT & BAIL I confess judgement to pl’f $160.55 James L. Wiggins Vs Henry Joiner We confess judgement to pl’f $150 Reese & Corbitt Wm Wardsworth Vs Henry Joiner We the jury find for pl’f $150 John Windham foreman A.R. Dennis, Admin Vs Thomas Ragland I confess judge to pl’f $45 B.F. Rees def’t atty Wiley Boone Vs Wm Mulkey and John A. W. McCants We confess judgement to pl’f $95.60 E.C. Butts Vs Milton M. Ham I confess judgment to pl’f $333.33 J.M. Thompson Vs Redden Jones I confess judgement to pl’f $40 Pg 114 Coweta Falls, Manufacturing Co Vs A.A. Cady FI FA ILLEGALITY & BOND The plaintiff having held to dismission of iullegality after argument, it is order3ed by the court that suit Illegality be dismission and qi fa proceed J.M. Hobbs Vs Wm Roberts COMPLAINT I confess judgement to pl’t $100. Lovic A. Pearce Vs Thomas Humphres COMPLAINT We confess judgment to pl’f $201.60 Miller & Lesuer Oct 1854 It appearing to the court that the original declaration of which the within is a copy in substance has been lost so as not to be found after deligent search, it is therefor on motion of pl'’ att ordered that said copy be established. William Benson Vs Daniel Sells ASSUMPSIT We the Jury find for pl’f $200 J.A. Hamilton, foreman The State Vs R. Ellison, Joseph Hartsfield, anhd William Wilson True Bill MISDEMEANOR The State Vs Robert Ellison True Bill MISDEMEANOR B.M. McCrary Vs. J.M. Thommpson COMPLAINT I confess judgement to pl’t $72.50 Pg 115 Archibald matahews Vs Elias W. Bowden (maker) Ezekiel Royal (indorser) SETTLED Marion M. Man Vs Isaac Mulkey, Homer V. Mulkey care of Moses Mulkey dec DISMISSED J.M. Marshall Vs Miles g. Jackson We the Jury find for pl’f $125. J.A. Hamilton, foreman Jas Taylor Vs John B. Sisson I confess judgement to pl’f $55.00 Wm C. Crocker vs Ezekiel Royal COMPLAINT I confess judgement to pl’t $122.50 Jones Hicks Vs William W. Wilson I confess judgment to pl’f $59.85 B.F. Reese, def’t atty Robert Scandrett Vs E.B. Waters & George T. Coxwell We confess judgment to pl’f $156.90 Robert Scandrett Vs John A.W. McCants & George McCants part & co Appeal We confess judgement to pl’f $42.47 Edgar L. Herick Vs John M. Thompso Apt I confess judgement to pl’f $518.61 Wm H. Robinson Vs John Garne COMPLAINT I confess judgement to pl’f $30 Robert Scandrett Vs Appleton M. Calhoun (maker) John M. Thompson (endorser) We confess judgement to pl’t $70 Gilbert D. Leggett Vs Thomas D. Humphries COMPLAINT We confess judgement to pl’t $74.80 Benjamin Wiggins Vs Thomas Walling COMPLAINT We confess judgement to pl’t $50 John Searcey Vs D.G. Griffin. Wm Causey & Thomas J. Riley security COMPLAINT SETTLED A. & IJ Mathews A. vs A. Andrew Hood DEBT SETTLED Justices Inf Court Vs Jonathan Stewart & Bennet Stewart COMPLAINT SETTLED Lewis Hill Vs Ezekial Royal COMPLAINT We the jury find for pl’f $318.52 J.A. Hamilton, foreman Benjamin F. Newsome for the use John M. Thompson Vs George McDowell (Maker) William Whatley (endorser) We the jury find for pl’f $37.15 Justices of Inf Court Vs Seaborn R. Hobbs COMPLAINT We the jury find for plan’t $81.00 R.B. Rucker Vs Gideon M. Davis COMPLAINT We the Jury find for pln’tf $81.43 George L. Wiley Vs William W. Loyd – William P. Edwards ASSUMPSIT We the jury find for pl’f $143.38 Samuel P. Corbin & Henry L. Corbin, executors of Nepolen B. Corbin Vs David P. M Brand – Zachariah Brand COMPLAINT We the jury find for pl’f $44.49 J.A. Hamilton, foreman Richard B. Rucker Vs Gideon M. Davis & Levina F. David (maker) Henry C. David (endorser) We the jury find for pl’f $238.23 J.A. Hamilton, foreman Joshua J. Harris Vs Jesse Stallings DEBT I confess judgement to pl’f $55 Jesse Stallings deft Nimrod N. Howard Vs bearer William P. Edwards DEBT We the jury find for plaintiff $62.67 Justices of Inf Court Vs Lewis Hill I confess judgement to pl’f $132.12 Justice of Inf Court Vs Jacob Pare COMPLAINT I confess judgement to pl’f $54.62 Mitchell Rose Vs Ezekiel Royal COMPLAINT Judgement of pl’f #153.90 Samuel P. Corbin & Henry L. Corbin Executors Napolen B. Corbin dec’ Vs George McDowell and Thomas Walding COMPLAINT We confess judgement $46.26 Hillery H. Howell Vs Joshua J. Harris James Williams (security) DEBT We confess to pl’t $132.00 George T. Cox Vs Thomas R. Gates COMPLAINT I confess judgement to pl’f $97.38 Edward Graves Vs John D.F. Mitchell SETTLES Julianna Arnold Adm W.W. Arnold Vs John B. Hunter COMPLAINT I confess judgement to pl’f $50 Wm W. Arnold Vs John B. Scisson COMPLAINT Transferred from Crawford Sup Court March 1854 It appearing to the court that the pl’f has died since the commencement of said cause & a sein facias issued and shew cause by Julianna Arnold, Adminx of said William W. should not be made party plaintiff in said action. Ordered. G.P. Culverhouse, Att for pl’f Young S. Joiner and John Joiner Vs John M. Hobbs COMPLAINT I confess judgement to pl’f $39.33. Swifth & Ruggles Vs W.L. Mathews COMPLAINT I confess judgement to pl’t for $47.10 Swift & Ruggles Vs George McDowell COMPLAINT I confess to pl’t $55.98 Swift & Ruggles Vs Thomas Walling COMPLAINT I confess judgement to pl’t $52.87 Charles Grant Vs John M. Hobbs COMPLAINT I confess to pl’f $100 Pg 121 Josiah Hillsman, Guardian Vs Augustus L. Edwards vs William L. Edwards COMPLAINT I confess judgement to pl’t 287.15 Josiah Hillsman, Guardian Jane Grey Vs Joshua J. Harris & James Williamson COMPLAINT We confess judgment to pl’t $221 Charles R. Wiggins Vs John A.W. McCants COMPLAINT I confess to pl’t $596.00 John Gamer Vs William H. Christopher COMPLAINT I confess to judgement to pl’f $37.72 Wright & Hamilton Vs Absolem Coursey I confess to pl’f $38.45 Wright & Hamilton Vs James M. Willis I confess to pl’f $38.70 Swift & Ruggles Vs Osburn Downing COMPLAINT I confess to pl’f $68.31 Mathew A. Marshall Vs John B. Sisson I confess to pl’f $85.42 R.W. Howes Vs John B. Sisson I confess judgement pl’f $234.00 Wright & Hamilton Vs Zachariah Brand I confess judgment to pl’f $64.69 Swift & Ruggels Vs John M. Thompson I confess pl’f $41.46 R.W. Hows & Co Vs John B. Sisson I confess pl’f $234.32 John Joiner Vs James O. Watson complaint I confess judgement to pl’f $54 The petition of James T. Harmon, respeftullfy sheweth that his father, Jacob Harmon has departed this life and left will in which said will there is certain property bequeathed to your petitioner for his use while in life and after his death to go to his children. Your petitioner further sheweth in said will, Lewis m. Harmon, his brother was duly appointed trustee for him to receive his disributive share of the estate of said Jacob Hamon dec’d and to mange the same for the benefit of our petitioner and his said children and your petitioner says that the said Lewis M. Harmon trustee as aforesaid has departed this life hereby... Prays your Honor to appoint John F. Harmon, the brother of your petiitoner trustee for the purpsoe of carrying out said will and the purpose of managing said estate for the benefit of heirs It appears to court …true, ordeed that said John F. Harmon be and he is herby apointed trustee for the said James T. Harmon to carry out the requirement of said will of Jacob Harmon dec’d, said John F. consenting thereunto uponhis giving bond and security in the sum of $1500 dollars. John F. Harmon as principal and William G. Bateman, secuirty firmlay bound unto Jame sT. Harmon his heirs $1500 7th Day of Dec 1854 The condition of the above obligation is such that whereas said John H. Harmon, has been appointed Trustee for said James T. Harmon by the Honerable Sup of Tay Oct 1854, said James T. Harmon…taking charge of the property now in the said James posession said property named in the will of Jacob Harmon, the father of said James T. Harmon and herin bequeath to said James T. Harmon for certain purposes, then this obligation to be void else to remain in ful force. John F. Harmon, W.G. Bateman in presence of John A.W. McCants Pg 124 Townsend Crane & Co Vs McCants & Co COMPLAINT GARESHMENT Jeremiah McCants a garneshe in the above case answers as follows at the time of being sined with the garnishment, respondent was indebted to McCants & Co on their books forty nine dollars and thirty one cents since then respondent has paid that amount to Bartley McCRARY, agent of defendants, respondent owed them and now owes the said firm nothing, more nor either of them. He has in his hands nothing belonging to said firm or either of them. Miller & lesuer att for def’t Isaac Townsend, Cicero M. Arnold, John G. Crane, Robert H Johnston, James Reed Boylston & Henry Johnston partners using the firm name & style of Townsend Crane & Co COMPLAINT AND GARISHMENT John A.W. McCants and George McCants, partners using the firm name of McCants & Co de’ft. Jeremiah McCants Garnishee It appearing that at last term April 1854 a Rule was granted calling upon Jeremiah McCants he having been previously garnished and failed to answer to herein cause at this term of court why judgement should not be entered against him. Ruled that pl’f do recover of the Jeremiah C McCants the sum of $49.31 Pleasant L.J. May Vs Joseph Brannan We the jury find for pl’f $225 Wm R. Miller, foreman The State Vs James L. Hesters True Bill The def’t after Bill of indictment was read to him, pleads not guilty. Oct term 1854 Jack Brown Sol Gen Copy of Bill of Indictment and list of witnesses waived. Miller & Hale &G.R. Hunter The State Vs Irving Adams & Amos Adams True Bill Assault & Battery The State Vs Jane Story True Bill. Fornication The State Vs Archibald Hobbs True bill simple Larceny The State Vs Uriah Stubbs True bill simple larceny The State Vs Benjamin Lancaster Martha Barnes Abbigal Lancster True Bill assault with intent to Murder The State Vs Thomas Carter True Bill Misdemeanor Page 126 Oct Term 1854 The State Vs Robert Elliston True Bill Fornication The State Vs George W. McDowell True Bill Stalbing ?? The State Vs George Taylor Collier, T.J. Riley Assault with intent to murder It appearing to the court that T.J. Riley, William Wiggins secruities on the recongnizance of George Taylor in the above stated case has now in open court surrendered him the said George Taylor into the custody of the Sheriff. Securities are discharged. Cicero C. Winn Vs William S. Johnston I confess judgement to pl’f $840 Wright & Hamilton Vs James T. Harmon COMPLAINT I confess judgement to pl’f $43.61 The State Vs George L. Taylor ASSUALT WITH INTENT TO MURDER The State Vs George L. Taylor AN INDICTMENT FOR OBSTRUCTING AN OFFICER Pg 127 It appears to the court that A.J. Colbert, T.J. Riley, William W. Wiggins and other are securities on two recongizances for said George L. Taylor in the bavoe cases. The bond is the 1st for $1500; the other $500. They surrender said Tyalor in open court and are discharged from liabilities. The Sheriff take said Taylor into custody till he give other bail. Baldwin Starr & Co And Job Chandler & Foster Vs John B. Sisson RULE ABSOLUTE TO FORECLOSE MORTGAGE Rule Nisi granted at April Term requiring the defendant to pay to the pl’f, certain promissory notes given by the defendant to wit the pl’f, John Baldwin, Samuel Starr and Chalres Denton using the firm of Baldwin Starr and Co on the 11th day Feb 1853 $334.62 6 months after, John B. Sisson promised to pay. To pl’f Job Chandler Foster on 15th Feb 183 made and delivered to Job Chandler and Arthur Foster Deed of Mortgage: east of the westhalf of lot of land 179 containing 101 ¼ acres Also part of lot 180 lying north of a large branch on said land supposed to contain 25 acres Also that part of lot 168 adjoining the afroesaid lots containing 101 ¼ All within Land District 14 of original Muscogee now Taylor Co. The petition of John R. Hull and Juter McDanscer merchants and partners doing business under the firm name of P. McCaren & Co sheweth that James Layfield on 27th day of 1854 an indenture between James of the one part and your petitioner of the other part which said indenture…petitioner $770.08 paid to said Layfield for tract of land Lot no 220 in 15th dist of Taylor known also as Howard on the Muscoee railroad and owned by the said Layfield and one William Drewen subejct amonth other things to a certain poviso or condition pay #388.54 . Petitioner prays court to grant a rule directing that the principal and interest aforesaid and the cost of this proceedinb e paid into court in 6 months . Martin & Patterson, atty’ for petitioner P. McLauren Vs James Layfield Rule Nisis for foreclose mortgage Said def’t Layfield indebted to $388.54 27th day of April 1854. Ordered by court that said Layfield do pay or cause to be paid unto court within six months the principal and interest aforesaid, or if in defalut court proceed to sell. I acknowledge due and legal service of the within rule nisi and waive all further service and notice James Layfield Pg 130 J.S. & Bowe & Co Vs Isaac Mulky Rule Nisi On 22nd day of March 1853, Isaac mulkey, delivered to J. S. & L Bowe & Co his certain promissory note . Mulkey promised 6 months after the date to pay $834.56 and thereafter on to secure the promissory note delivered his certain mortgage deed to Lot # 8 and #223 in the 12th District of originally Muscogee, now Taylor ; failure to do so thereafter foreclosed. Wm D Elam pet’s atty The merchants J.S. Bower & L. Bower & Co merchants, sheweth that heretofor 23 Day of March 1853, Isaac Mulkey, delivered the above described note. Townsend & Cran Vs McCants and Co. COMPLAINT AND GARNISHMENT Bartley McCrary, a garnishee in the case answers as follows: Responded at the time of sevice of arnishment owed McCants & Co $62.60 on their books. Before said service respondent traded for a note on said defendants in their firm name from James T. May for $1450.75 for a note on John McCants from said May for $95. Suit pending in Inferior Court of Taylor Co. in favor of said May. Judgement was rendered in both cases on 2nd Monday in July last. Before respondent traded for said notes from said May had obtained the custody and control of the books of account and notes beloning to said firm as collaateral security to said note on McCants & Co and said note on J.A. W. MCCants said May in transmitting said notes to respondent also tranferred to him said books and notes and colleteral security a list of the accounts and notes is respectuflly annexed. About Jan 1, 1854, said McCants & Co employed respondent to keep their books, liquidate accounts and collect the debts of the creditors. Hey agreed to pay respondent $20 a month for this ervice when the books and notes where pledged to say may, it was understood tht respondent was to continue in the same service. The time respondent has been engaged at this businnes is nine months up to this time respondent also beside the said he has and holds on said defendants holds and did at & before said service of garnishment hold on said John A. W McCants notes to the amount of $100.81 principal and $14.89 interest. Annexed is a list of the debtors from respondent has rec’d….also a list of debts in the hands of office for collective, also a statement of amounts expended collecting. Respondent claims the right to retain the custody , control and use of the aforestated effects, respondents demans agains the def’t and each of them are satisfied. Respondent says he doe not owe defendant anything nor did owe them anything at the time of service of Garnishment except as stated nor doe he hold any effect of them nor did he at said service of garnishem except as stated. (Amount of lists of a/c notes & cash received) Bartley McCrary Oct 3, 1854 fi fa obtained $594.722 202.45 400.55 752.52 1529.44 Money paid out by B. McCrary in settlement of business of McCants & Co $516.63 Townsend Crane & Co Vs McCants & Co def’t COMPLAINT & GARNISHMENT Ordered by notes, accounts & other evidences of debt that the above stated admit to be in his hand and which he ahs been ordered to turn over to the clerk of this court within 30 days from the adjournment of this court. It is therefore ordered by the cout that said clerk turn over said papers to John Sturdivant talking his eceipt for the same whose duty it shall be to collect said papers & pay out the same by an order of this court. Cook & Montfor pl’f atty Townsend Crane & Co Vs McCants & Co COMPLAINT & GARNISHMENT Andrew McCants a garnishment in above case, has in his hands $134 belonging to George W. McCants … Further states that before said service he had made a note John A. W. McCants or bearer for $137 due Dec 15, 1854. Says that at the time os said service he owed said firm on their book $120.21. This amount he has since paid Bartley McCrary agent for def’t. Respondent does not owe said firm or either of he parties anything made nor did he at said service nor does he hold in had anything belonging to said firm or either of them except as stated nor did he at said service. Miller & Leander, att for respondents Before me came Andrew McCants, swore Oct 2, 1854. A.McCants John Sturdivant, Justice of Peace [There contined more of the above….but nothing new in data] The State Vs James L. Hester Arson True Bill We the jury find the def’t guilty. James S. Bartlett, foreman List of Jury in the above case; 1. Benjamin R. Wilson 2. Z.K. Brand 3. Benaja Williamson 4. Joseph Sherdin 5. James S. Bartlett 6. John Windham 7. John Hericks 8. D.P.L. Brand 9. M.L. Brand 10. Joseph Blackman 11. James Garrett 12. John F. Lockheart It is ordered and adjudged by the court, the def’d be remanded to Jail of the county and there safely kept until a guard can be sent from the Penitiary of the state of GA which guard whall conduct siad defendant to the penititiary or some other place tht his excellence the Gov may direct. Where he shall be kept in close confinement and at hard labor for and during the term of 3 years. To be computed from the time of his delivery at said Penitiary. Wirght & Hamilton Vs Zachariah K. Branc Judgement for principal $40.69 The defendant comes forward and demands a stay of execution. Tenders David P.M. Brand as his security. Now the said def’t and his said security acknowledge themselves bound to the pl’f for said judt & cost. In testimoany thereof the said def’t & his surity has herunt set their hands & seals Oct 9, 1854 Zachariah K. Brans David P M Brand John A.w. McCants Clerk Samuel P. Corbin Administrator of est Napolean Corbin, dec’d Vs David P.M. Brand principal and Z. N. Brand Security Judgement for principal $3150 (?) The def’ts come foreward and demand a stay of execution and tenderes William H. Brand as his secrity. Now the said def’t and said security acknowledge themselves bound to the pl’f for said judgement and cost. Ordered by court that James T. Harmon be paid $5.87 for ink, paper, pens, wafers candles and furnished this term of court. Ordered byt County treasurer pay to James Layfield $6.12 for saw dust, Bibles, Candles. The State Vs James L. Hesters. Ordered that bial in the above case be discharged from all liability The State Vs James L. Hesters In person came in open court the def’t who sayed on oath that he is unable owing to his proverty to pay the coast in the above case and tht he is advised and believes that he has good cause for an appeal in the above case and that he is about to carry the same to the Superior Cout. Sworn in open cout. James L. Hester The State Vs James L. Hesters Ordered that the clerk of this court do not notify the penitentary guard of the criminal in the above case until sufficient time is allowed def’t to carry the above case to the Supreme court and this order returned . G.R. Hunter & Miller & Hall de’ft atty The Grand Jury sworn, chosen and selected for the county of Taylor to wit: Andrew J. Colbert, foreman Julius C. Lockheart, Jackson Fountain, Jesse Adams Arnold J. Hollingsworth, Wililam M. Stucky Silas M. Thompson Hardy Wiliamson Alexander H.H. Franklin Enoch F. Colins John S. Parker Nathaniel Spears James H. Winchell Laborn Shephard John S. Murray Maes Revel Daniel Royals John Wililamson in the name and behalf of the citizens of Georgia charge and accuse James L Hesters on the 23rd day of April 1853 with force and arms did then and there willy and maliciously burn an outhouse of Enoch F. Collins, the said out hosue being there and then a corn crib on the plantation of the said Enoch F. Collins, the said corn crib not then and there being in a city town or village by settings fen to the laws conrary to the lawsof said state… Enoch F. Collins procesutor. Jack Brown Sol Gen Upon motion, by Sol Gen, for the State shew cause as soon as counsel can be had why the judgment shoul dnot be set aside on the grounds following: 1st Because siad Bill of Indictment does not charge tht the ? house consumed or genrally injured 47. Because the indictment does not negative an exception contained in enacting clause of the Statuted upon which it is founded which said prejis or exception is in the words following to wit except the dwelling house and in case the said motion is ? of judgment shall be overruled then the said defendant moves that the Sol Gen shew cause why the verdict should not be set aside and a new trial granted upon the premises following to wit: 48. 1st Because court erred in allowing the Sol Gen to araign the prisioner after the panel of 48 jurors had been called and put upon the prisioner and after said ____gement in allowing the said panel to be put upon the prision again. 49. 2nd because the court erred in allowing testimony under the bill of indcitment to shew that the house was consumed or generally injured and that the burning was in the day or night time being no allegations in the bill of indictment udner which such proof could be admitted. 3rd Because the court erred in allowen Murry and Jackson Hobbs to give their opinion that the tracks leading from the crib was prisoner’s track, prisoner’s counsel having objected to such testimony, the court requiring the witness to give the reasons upon which their opinion was favored 4th Because the jury found contrayr to Law and the charge of the court 5th Because the jury found contrary to evidence without evidence and against the right of evidence. Miller & Hall and G.R. Hunter atty’ for def’t I acknowledge due and legal service . Jack Brwon, Sol Gen Upon hearing argument on the within motion in arrest of judgment and for a new trial, it is ordered by the court that the same be disallowed and overruled and that this together with the motion and testimony taken in the cause by filed and entered on the minutes of this court. Testimony entered in behalf of the State. Rebecca Collins, sworn says she is the wife of Enoch Collins. On the 3rd day of April before last her husband had a corn cirb and out hosue burned. She waked about 3 o’clock in the morning Sunday morning and discovered the fire said crib was 150 years from the dwelling house said crib was in Taylor Co. no other houses where close to the crib ; said crib was not in a city, town or village out in the country. Cross Examined Says about dark her sons fed the mules at the crib; she was up night til ten o’clock and she is certain there was no fire at the cirb then; then when the negroes then that night belonging to them and one of W. Merchants who had a wife thre Merchant’s negro was there where witness him now thi….when he comes. Mr. Collins had a negro woman there that night who be sold ten or eleven months ago doe nto know what time said Negroes went to sleep. Does not know tht theyw ere on the plantation all night Enoch F. Collins sworns says he is prosecutor in this cse. He had a corn crib burned in ths county on the 23 April 1853 at night saw the defendant at the Justices court grounded that day he was acting as bailiff had lived on same county of def’t and sold it that day. Deff’t told witness that if witness sol dhis corn he should pay for it. Witness there put up second lof, defn’ daid sia I not ell you not to sell that corn, witness replied, I can not help it. I shall sell it. Def’t then said ifyou do you shall pay for it and suffer for it. Witness did not go home until the next evening about sun daown. The crib was all burned exept the sills made no examination of the track. Cross Examinatino. The corn was ot at the court was not at the court ground when he sold it all def’t corn was sold except a handfull and some rubish and sckattered corn defd’t calimed the corn for privsion udner act of the legistlatur def’t was living in the district when witness levied on the corn and with a womanhe called his wife. John H. Murray looked for the tracks when witness came home there where a good many tracks about burned place. Reexamined says the court would not allow def’t the corn witness sold the corn under execuion he sold two negroes since the crib was burned to pay for hem and sold them. James Harmon examined says he knows defendant and prosecutor about 2 weeks or more before the prosetu’rs crib was urned, defd’t came to the house of witness and said Colline, the prosecutor was acting harsh with him, said Collins had levied on all his corn, he did not have morethan enough to ___ hit family thata def’t had pointed out to prosecutor a stock of fodder to levy on but he would take the corn defn’t wanted the advice of witness how to proceed to prevent his corn from being sold witness advised him to go to an attorney and have a schedule madeout that he could save his corn as the law would allow him as much or more than he had, defendant then said he was too poor toemply a lawyer and it would cost him more thatn the corn was worth to take that mode of procedure tht would let things gie him a mauling or words to that effect, defend and make a good many threats of fighting the officer but witness advised him that that was a bad plan. James Harrison cross examined says: def’dt at the time he made the threats did not make any threats of private injury, said he either had been to see or would go to see ? Lowe thinks defn’d precise words were he wuld give prosecutro a mauling when advised against stricking an officer he did not insist on doing it. Wintess told def’d that if Collins sol dhis corn wrongluflly he was responsible for damages that he had given bond security and the bond was on record. William P. Fulfort, examined says he know prisoner was present and in April 1853 when Collins sold prisioner’s corn when collins offered the corn for sale, prisoner told him that ifhe sold that corn he would make him suffer for it. Collins said he was authroized to sell the corn and if prisoner brougth up no athority against it he would sell it Cross examined says Priosner when he said he would make Collins suffer said it in a salm manner. Archibald Hill, sworn says he is acquainted with defendant Hesters was presnet in April 1853 when Collins sold his corn heard def’t say he would match Collins and would make Collins sorry for selling his corn. This was the same day the corn was sold but after the sale, this was siad to wintess and other def'’ seemed to be in a ill humor about it. Cross Examined says. He doe not know tht def’t made asecret of his threat did not say how he was going to make Collins sorry thinks defd’t calimed a right to that corn to feed his family on and saic Coling ought not to hae sold it. John S. Murray sworn says he thinks Mr. Collins crib was burned he night of the 23rd day of April 1853, witness was living at that time about three quarters of a mile from Colins. He reache dhte spot where the crib was buned a little before it waslight enough to discover tracks wintess knows Mr. Hesters has see him frquently since Hesters was a small boy after it got light enough to see trackes he examined for them witness found tracks he judged them to be a man’s track. Witness found a good many tracks just around the five witness thus searched farther off and found two tracks a larger and smaller one as if two persons had been side by side. He followed these tracks thil they came near to the creek wher ehe lsot them Witness then went back to where the crib was burning, there he searched again, just a cross the sendonc fence from the crib he there saw a track which he thought to be the same track with the small one he had before traced. He followed this track two or three hundredyards some of the ground had been lately ploughed. Witness concluded ithis was defd’t tracks. Because the tarc seemd to anwer very well to the manne of his walking although he does not know the size of def’s foot supposes it would have corresponded very well with the size of boots which he afterwards saw on def’t fee. The tracks turned outward in the same way that def’t turned his feet out which is a little than common. The tracks through the field was in the direction of def’t house. Cross examined says he has seen other men besides defn’t walk with their toes turned out. There might be a variation----- ---- way bowling --- men walkk. There might be a way straight legged men walk witness Page 142