Butler County, Missouri, Court Records: Circuit Court Volume A -- 1853 Court Term Contributed for use in USGenWeb Archives by: Sharon Hamilton ----------------------------------------------------------------------------- USGENWEB ARCHIVES NOTICE: All documents placed in the USGenWeb Archives remain the property of the contributors, who retain publication rights in accordance with US Copyright Laws and Regulations. In keeping with our policy of providing free information on the Internet, these documents may be used by anyone for their personal research. They may be used by non-commercial entities, when written permission is obtained from the contributor, so long as all notices and submitter information are included. These electronic pages may NOT be reproduced in any format for profit. Any other use, including copying files to other sites, requires permission from the contributors PRIOR to uploading to the other sites. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. http://www.usgwarchives.net/copyright.htm ------------------------------------------------------------------------------ MO 1 012 ROLL NO 20 Butler County Court House Popler Bluff, Missouri Circuit Court Record, Volume A 1849-1869 [Microfilm is white writing on black background. It is very poor quality with much of each page and entire pages being unreadable except for a word here or there.] Page 14 Circuit Court of Butler County March Term 1853 _____the first day of the Term and 18th day of the month Record of the proceedings of a Circuit Court began and held at the court house in the Town of Poplar Bluff in Butler County in the state of Missouri Present Harrison Hough Judge The Sheriff returned the names of the following persons to serve as Grand Jury at this Term of court to wit; David G Sto___, Charles C Appleby, Wm Morrow, Robert Maker?, James M. Spain, Harrison Kirklin, Sampson Lewis, S____ R Rutherford, Benjamin Lewis, Thomas Scott, Carrol B Arnold, James M Craw, Joel Hobbs?, Miller Allison and Minor Stubb, who together with Thomas Scott foreman were severally emp_______ sworn and charged by the court and retired to consult of their duties. State of Missouri Versus Lewis M Buis Indictment for selling Liquor without License On motion of Defendant this cause is dismissed for want of prosecution. Therefore it is considered and adjudged that the defendant ____ discharged from the indictment in this case and be permitted to go hence without day. State of Missouri Versus Charles Henderson Indictment for selling Liquor without License The State by the Circuit Attorney and the Defendant by his attorney appear and the Defendant pleads not guilty and puts himself upon the County for Trial and the Circuit Attorney doth ___ like, Whereupon come a Jury to wit; Morgan _____, Vincent Priest, Theophilus Grant, John C. Smart, William England, William Fowler, Samuel Morrison, Samuel Varner, Stephen Smart, Joshua Bullock, Samuel B. Kittrel, James Hix, twelve good and lawful men who being empanelled and duly sworn retired to consult of their verdict after which they returned into court the following verdict "We the jury find the defendant not guilty in manner and form as he stands charged in the indictment." Whereupon it is considered and adjudged by the court the said defendant be discharged and permitted to go hence without day. State of Missouri Versus John E. ______ Indictment for selling Liquor without License The Circuit Attorney app_____________________________ further _______ this case wherefore it is considered adjudged that the defendant be discharged and permitted to go hence without day. Page 15 Friday the first day of the term and 18th day of the month [March] State of Missouri Versus Martin Franklin Indictment for misdemeanor The defendant by his Attorney comes and moves the county to squash the indictment herein and the court ________ said motion and grants said indictment. Wherefore it is considered and adjudged by the court that the defendant be discharged and permitted to go hence without day. State of Missouri Versus ________ ________ Indictment for [maybe fraud and larceny] The defendant … [The remainder of this page is largely unreadable. One of the names may have been Minor Steele possibly appointed Justice of the Peace.] John C. ______ Versus Ann Ma__ Petition for Divorce The Parties by their attornies appear and [continued page 16] Page 16 ____ _____ taken up for trial and the court after hearing the petition and provided plaintiff will therefore advise _______ Morrow versus Jesse Morrow Petition for divorce The plaintiff by her attorney appears and the court ___________ [This is very hard to read, but is one of the longer court reports.] [There is one more case on this page, but I can't read the names or charge.] [Court was adjourned until 8 o'clock…probably the next morning.] Page 17 Saturday the second day of the Term and 19th day of the month [March] _______ _______ Sheriff of this county presents his account to _________________ rendered for Eight dollars, which is ______________________ to the county court for payment. [Remainder of page is largely unreadable] Page 18 _______ ______ Sheriff of Butler County herein to wit Court a and to Henry C. Bollinger which he'd knowledge and in ________ certificate of acknowledgement to be __________. The Grand Jury comes into court and return _____________ form and to ______ inclusive whereupon they are discharged. State of Missouri Versus John Kelly? Indictment for peddling without License [Remainder of page largely unreadable] Page 19 Circuit Court of Butler County September Term 1853 Friday the first day of the Term and 16 day of the month Present Harrison Hough Judge ____________________________________ Thomas P. Price the Sheriff returns the names of the following jurors in to court as Grand Jury, to wit; John? Stevenson, John A____ar, Levi Hulis?, ________ _aud____, Benjamin Chandler, _ G Ferguson, John Wiseca____, William England, Solomon Kittrel, David Stoker?, Stephen Smart, John B_____son, Wm Baley?, _____ ________ and Alexander B_____, twelve good and ______ men, John Stevenson is appointed foreman and said person being sworn empanelled and charged as Grand Jury retired to consult their duties. [Remainder of page largely unreadable. John Kelly indicted for peddling without license. Also, it looks like someone with last name Buis? Was indicted for something to do with a mill. Maybe another Buis having to do with no license. I think the next might be James with last name ending in ner or mer having to do with no license.] …and the Court _____ heard the arguent of counsel will thereof advise Page 20 State of Missouri Versus Andrew Ashcraft Indictment for crime against nature The parties by their attornies appear and the defendant by his attorney ___ the Court to quash the indictment herein and the Court having heard the argument of counsel will bereof advise overrules said motion and a jury is _______ in this case Thomas Scott & others On Petition for Partition Ordered that the unfinished business in this be transfer to the pesent Sheriff of this county for completion. Ordered that Mathew H Moore and Michael ______ _____ ____ of the court James _ Black Versus Exum? C. Scott Appell from Justice of Peace ________________ the plaintiff is suggested and on motion of Charles S Crarius? Administrator of the Estate of ______ Black it is ordered that a ______ of _____ be ______ in this case _________ the defendant ___________________ cause on or before ______ of the next Term of this court ________ why ___________________________ be received in the name of said administrator. _______ B___ton versus _______ Kitrell The Plaintiff being called ___________ this cause is dismissed because the plaintiff has failed to give security for costs heretofore _______ grieved __ the court therefore is consider _________________________ the defendant in this cause have and recover the said plaintiff his costs and charges in the said expended John B _____ry Versus ____ E. Marty On Petition for Divorce The Plaintiff by his attorney appears and the defendant ________ solemnly called comes not but makes default and it appears to the satisfaction of the court that defendant has been ____ served with process and this cause was submitted to the court [continued next page] Page 21 For trial and the court find from the allegations and herein - that the plaintiff and defendant were married to each other in the year eighteen hundred and forty six that defendant without any reasonable cause abandoned and absented herself from the plaintiff for more than Two? Years before the commencement of this suit and yet continues to so absent herself from the plaintiff. It is therefore considered and adjudged by the court that the bonds of matrimony ______ contracted between the plaintiff and defendant be dissolved and that the plaintiff be and he is ____ divorced from the defendant But the defendant has leave to marry ______ she may choose Whereupon court adjourned until tomorrow morning half past 8 o'clock H Hough [The remainder of page is extremely light and unreadable. It looks like the first case on the next day involved _________ C. Scott. The next case involves someone named ____ M Buis and has something to do with a mill.] Page 22 Saturday the 17th day of the month and 2nd day of term State of Missouri Versus Lewis M Buis Indictment for selling Liquor without a License Now at this time comes the defendant by his attorney and moves the court to quash the indictment in this case, and the court after hearing argument of counsel _____ said motion and _____ said in this indictment discharged the defendant State of Missouri Versus James Farmer? Indictment for selling liquor without a license Now at this time comes the defendant by his attorney and files by motion to ____________ in this cause and the court sustains said motion and _____ therefore it is considered and ______________ by the court that defendant is discharged and ____ without day B___ Hill? Vs ____ Williams Appeal from a Justice of the Peace Now at this time comes the appellant and asks leave to dismiss the appeal which is granted - wherefore the court _________ the _____ and ____________herein to the Justice _____ the case State of Missouri Versus ____ G. Kelly Indictment for selling goods without License Now at this ime comes the defendant by his attorney and moves this court to quash the motion _____ this cause moton to quash the indictment with ___by license court thereupon the State come by her attorney and say that he will not further prosecute the case therefore upon it is considered and adjudged ___ the court that the defendant be discharged and permitted to go and _______ State of Missouri Versus Andrew Ashcraft Indictment for Buggery Alias capias awarded against defendant in this cause and this cause is continued till next Term Page 23 Louisa Farmer Versus Jessee Farmer Petition for Divorce Now at this time the plaintiff by his attorney appears and the defendant though duly notified of the commencement of this suit being solemnly called came not ___ makes default and it appearing to the satisfaction of this court that defendant is a non resident of the State of Missouri in this cause was submitted to the court for trial And the court ____________ the allegations and proofs herein ________ and defendant were married to each other in the year of our Lord One thousand eight hundred and forty six and that defendant asks ____ himself from the plaintiff for more than two? Years __________ commencement of this suit __________________ called and yet continues absent himself from the plaintiff. It therefore considered and adjudged by the court that the herein _____________________ contracted __________ the plaintiff and [remainder is unreadable] [The next case is an appeal. The first name might be Humphries and the second might be Hall. The case was continued.] [Next case is also continued. Cannot read names or charge.] B _ Hill Vs W F Williams Now at this time comes the defendant in this cause and presents his petition to the court praying for a rule on John Varner a Justice of the Peace to grant him an appeal whereupon the court orders that the said Justice grant an appeal or shew cause to this court on or before the first [continued next page] Page 24 day of the Term thereof why he does not do so, Provided said defendant files sufficient afficavit and recognizance as required by law Whereupon the said Justice comes into Court and files his answer to the above rule Thomas B Price Sheriff presents the court his official ____________ of Butler County State of Missouri which is approved by the court and the approval ordered to be ______ and bond filed Jesse? C Blount presents his Bond in open court so Clerk and ex_____ ______ Butler County state of Missouri which was approved by the court and the approvation ____ to be ______________. __muel F___ Coroner of Butler County in the State of Missouri presents his account in open court for Four Dollars for ____________________________ court _______________ and ordered to be certified the court ______Butler County for payment Thomas B. Price Sheriff of Butler Countyin the State of Missouri ________ the sum of three dollars for services rendered in the court which sum is ordered to be certified to the court _______ for payment The Grand Jury returned into court now and indictments returned (1 & 2) and having no further business before them are discharged On motion Exum C Scott is discharged from his recognizance entered into to appear at the September Term of the Butler Circuit Court 1853 to answer to an indictment which might be _______ against him for Rape Ordered that Court adjourne till court in course H Hough