DeKALB COUNTY, TN - COURT - Volume V, Minutes Books ----¤¤¤---- CIRCUIT COURT CLERK’S OFFICE Minutes Book, Civil and Criminal Volume V - November 1893 - March 1895 November 14, 1893 Page 15 J. W. PRITCHARD Vs /DAMAGE S. B. PRITCHARD By consent of the parties this case is continued until next term of this court. November 14, 1893 Page 15 PORTER PEAK Vs /APPEAL R. L. CLARK By consent of the parties this case is continued until next term of this court on account of the sickness of W. B. CORLEY. This day came the Grand Jury and filed in open court the following indictments of Presentments: A Presentment against SAM FOWLER for carrying a pistol. Signed by all the members of the Grand Jury. A Presentment against WM. BLANKENSHIP for carrying a pistol. Signed by all the members of the Grand Jury. A Presentment against WHITTON HOLLY for carrying a pistol. Signed by all the members of the Grand Jury. A Presentment: A report to a court by a Grand Jury, made on its own initiative without a request or presentation of evidence by the local prosecutor, that a "public" crime (illegal act by public officials or affecting the public good) has been committed. Date_____ Page 75 The State vs. SILAS WORLEY, Carrying a Pistol, Two Cases. The State vs. BABE GILL, Carrying a Pistol. The State vs. PERRY COPE, JR., Carrying a Pistol. The State vs. GEO. BLANKENSHIP, Malicious Stabbing. In the above cases it appearing to the Court that two CAPIUSES have been issued for each of Defts and returned “not found” - It is ordered by the Court that these cases be Retired from the Docket and DeKalb County will pay the State cost in the cases when properly taxed and certified. (A Capius - Orders for a sheriff to arrest, confiscate, attach, or otherwise take something from a party to a case. If the order of the court was not executed a second order was issued it was called an ALIAS CAPIUS. If a third order was needed it was called PLURIES CAPIUS.) Date____ Page 75 The State Vs /PERJURY P. C. ADAMS Came the Atty. General for the State and Deft in Proper person when the atty. General enters a Nolle Prosequi (An entry made on the record, by which the prosecutor or plaintiff declares that he will proceed no further.) in the case. It is adjudged by the Court that the Deft be discharged and County of DeKalb will pay the State cost in this case when properly taxed and certified. March 16, 1894 Page 83 THE STATE Vs /CARRYING PISTOL WM. BLANKENSHIP In this cause the Atty. General enters a NOLLE (An entry made on the record, by which the prosecutor or plaintiff declares that he will proceed no farther.) upon Defendant securing the cost and taxes. Then came Defendant with T. H. W. RICHARDSON, his security and assumed the sum of fifteen dollars of said cost and taxes and confessed judgment for the same. It is adjudged by the court that the State recover of Defendant and security, said sum of fifteen dollars for which let Fifa (FIERI-FACIAS (FI-FA) A directive by a High Court to a sheriff to seize sufficient goods of a debtor to satisfy judgment debt.) issue. Then came Defendant with T. H. W. RICHARDSON, his security and acknowledged themselves indebted to the State in sums as follows: Defendant in the sum of two hundred and fifty dollars and said securities in a like sum, to be levied of their goods, lands and tenements, to the use of the State, but to be void if Defendant make his personal appearance before the Judge of this Court at the Courthouse in Smithville, Tennessee, on the 1st Wednesday after the second Monday in July 1894, to pay or secure the balance of the costs, etc. in this case, and abide by and perform the further orders of the Court in this case. March 20, 1894 Page 100 THE STATE Vs /LARCENY GEO. ROBINSON HELEN MULLINS This day came the Grand Jury and filed an Indictment against GEO. ROBINSON and HELEN MULLINS for Larceny indorsed by their Foreman. Not a TRUE BILL (Not endorsed by the Grand Jury), It is adjudged by the Court that Defts be discharged and DeKalb County pay the State cost in this case when properly taxed and certified. July 13, 1894 Page 151 THE STATE Vs /CARRYING A PISTOL, NO 14 WM. BLANKENSHIP Came the Atty. General for the State and Deft (defendant) in proper person with him came JNO. B. ROBINSON, his security and assumed five dollars of the cost heretofore adjudged against him in this case, our confessed judgment for the same. It is adjudged by the court that the State recover of Defendant and his security said sum of Five Dollars, for which let fifa (A directive by a High Court to a sheriff to seize sufficient goods of a debtor to satisfy judgment debt.) issue. The defendant also came with JNO B. ROBISON, his security and acknowledged themselves indebted to the State in the sum as follows, defendant in the sum of two hundred and fifty dollars and said security on a like sum to be levied of their goods, lands and tenements to the use of the State, but to be void if Defendant make his personal appearance before the Judge of the Court, at the Courthouse in Smithville, Tennessee on the first Wednesday after the 2nd Monday in November 1894, and pay or secure the balance of the cost heretofore adjudged against him in this case and not depart without leave of the Court. November 16, 1894 Page 211 The State Vs /Carrying Pistol LUTHER MERRITT For satisfactory reasons it is ordered by the Court that the fee of J. C. JOHNSON, a witness for the State, be disallowed in this case. November 16, 1894 Page 211 THE STATE Vs /Carrying a Pistol WM. BLANKENSHIP In this case the Deft came and secured the balance of the cost heretofore adjudged against him in this case, by giving up to the shff (Sheriff) of DeKalb County a certain horse to be sold for the satisfaction of the cost in the case but in the event Dft fails to fully pay said balance of the cost, it is ordered by the Court that an alias Capius (Order for the Sheriff to arrest) issue for Dft. Returnable to next term of this court. March 14, 1895 Page 267 THE STATE Vs /MALICIOUS STABBING GEORGE BLANKENSHIP Came the Atty. General for the State and Defendant in proper person and the defendant being arraigned and charged on the indictment in this case, for plea says he is not guilty, and for his trial puts himself upon the Country, and the Atty. General doth the like. The court then proceeded as the law directs to select and empanel a jury of good and lawful men to try the issues joined between the State and the defendant. When were drawn the following, to wit: PETER REYNOLDS, CARROL MALONE, JO. TISDALE, L. D. MOORE, R. BLACK, B. M. MERRITH, T. S. JOHNSON, ALEX SMITH, G. T. SMITH, JAMES TRAMEL, EVAN MANGUM, W. S. BRASWELL, who being so elected, empanelled, sworn according to law. After hearing the evidence in the case, and a portion of the argument of counsel, for the want of time to proceed further with the case on to-day are permitted to retire until the meeting of the Court on to-morrow morning in charge of M. A. STARK, Deputy Sheriff of DeKalb County, Tennessee said officer having been sworn according to law to attend said jury. Court adjourned until 8 o’clock tomorrow morning, Signed: M. D. SMALLMAN, J. March 15, 1895 Page 273 THE STATE Vs /MALICIOUS STABBING GEORGE BLANKENSHIP Came again the Atty. General for the State and Deft in proper person and also the same Jury sworn in this case on a former day of this term of the Court in charge of their officer M. A. STARK to wit: PETER REYNOLDS, CARROL MALONE, JO TISDALE, L. D. MOORE, R. BLACK, B. M MERRITT, T. S. JOHNSON, ALEX SMITH, G. T. SMITH, JAS. TRAMEL, EVAN MANGRUM and W. S. BRASWELL, who after hearing the remainder of argument of Counsel and receiving the charge of the court in writing, retired to consider of their verdict in charge of their said officer taking with them said charge and also the indictment in the case. March 1895 Page 275-276 THE STATE Vs /MALICIOUS STABBING GEORGE BLANKENSHIP Came again the Atty. General for the State and Deft in proper person and the same Jury sworn in this case on a former day of this term to wit: PETER REYNOLDS, CARROL MALONE, JO TISDALE, L. D. MOORE, R. BLACK, B. M MERRITT, T. S. JOHNSON, ALEX SMITH, G. T. SMITH, JAMES TRAMEL, EVAN MANGRUM AND W. S. BRASWELL in charge of M. A. STARK their officer who upon their oaths do say that Deft is guilty of an Assault with intent to commit voluntary manslaughter and assess his punishment at twelve months in the Penitentiary of the State of Tennessee. Then came with T. W. WADE, G. H. HUDSON and R. L. FISHER his security and acknowledged themselves indebted to the State in sums as follows” Deft in the sum of One Thousand dollars and said securities in a like sum to be levied of their good, land and tenements to the use of the State but to be void Deft makes his personal appearance before the Judge of this Court at the Courthouse in Smithville, Tennessee on March 18, 1895 and abide by and perform the orders of the court in this case. March 19, 1895 Pages 300-301 THE STATE Vs /MURDER LON FOUTCH Came again the Atty. General for the State and Deft (Defendant) in proper person and also the same Jury sworn in this case on a former day of this term of the Court in charge of their officers J. E. JUDKINS and L. N. MERRITT to wit: C. C. WRIGHT, WILL MITCHELL, E. L. COPE, W. T. RHEA, M. M. BENTON, W. T. WRIGHT, J. L. YOUNG, E. NEELEY, who proceeded to hear the evidence in the case on today and after spending the entire day hearing the evidence retired until the meeting of the court on tomorrow morning for want of time to proceed further in the investigation of the case, in charge of them said officers. March 19, 1895 Page 300-301 THE STATE Vs /MALICIOUS STABBING GEORGE BLANKENSHIP Came again the Atty. General for the State and Deft in proper person when the Deft moved the court in arrest of Judgment to set the verdict of the Jury in the case, and grant him a new trial, which motion the Court over ruled and demanded of Deft if he had anything further to say why the court should not proceed to judgment against him according to the finding of the Jury entered in this case on the minutes of a former day of this term of the Court who nothing further saith. It is adjudged by the Court that for the offense of Malicious Stabbing undergo confinement in the Penitentiary of the State of Tennessee, for the period of one year. It is further adjudged that pay the cost of this case for which let Fifa issue (FIERI-FACIAS (FI-FA) A directive by a High Court to a sheriff to seize sufficient goods of a debtor to satisfy judgment debt), to all of which ruling and judgment Deft excepts, and prays an appeal to the next term of the Superior Court at Nashville, Tennessee to which to him is granted, upon their cause Deft. With E. D. WRITH, W. G. CHISAM, G. J. BLANKENSHIP (His mark), J. B. W. BLANKENSHIP (His mark), J. R. BLANKENSHIP, (by GEO. HUDSON, Attorney in fact) and GEO. H. HUDSON his security and acknowledged themselves indebted to the State in sums as follows: Deft in the sum of One Thousand dollars and said securities in a like sum to be levied of their goods, lands and tenements to the use of the State but to be void if Deft Make his personal appearance before the Supreme Court at Nashville, Tennessee on the first Monday in December 1895 and abide by and perform the orders of the Superior Court and of this court in this case, and not depart without leave of the Court. Deft entered his Bill of Exception which is signed and made a part of the record. Court adjourned until 7:45 tomorrow morning. Signed: M. D. SMALLMAN, J. (Judge) MARCH 22, 1895 Page 320 THE STATE Vs /CARRYING A PISTOL WM. BLANKENSHIP It is ordered by the Court that a PLURIES CAPIAS (If the order of the court was not executed a second order was issued it was called an ALIAS CAPIUS. If a third order was needed it was called PLURIES CAPIUS.) issue for Deft returnable to next term of this court. March 22, 1895 Page 324 THE STATE Vs /MALICIOUS STABBING GEO. BLANKENSHIP In this case IDA BELL POTTER moved the court for judgment against the State for boarding the Jury and it appearing to the court from the affidavit of the said IDA BELL POTTER, that she boarded the jury in this case 2 days at $15.00 per day, and from the inspection of the records of the court that the defendant was indicted at the July term 1893 for the offense of malicious stabbing and convicted. It is therefore adjudged by the court that the sum of $30.00 be allowed for the board of said jury and that the Clerk of this Court make up and certify the same to the Comptroller (controller) of the Treasury for payment. (Note: There was an IDA BELL POTTER, wife of GEORGE H. POTTER living in DeKalb County in 1900.) ___________________________________________________________________ Copyright. 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