DeKALB COUNTY, TN - COURT - Volume W, Minutes Books ----¤¤¤---- CIRCUIT COURT CLERK’S OFFICE Minutes Books, Civil and Criminal Volume W - July 1895 -- March 1896 July 10, 1895 Page 22 THE STATE Vs /CARRYING PISTOL WM. BLANKENSHIP Came the Atty. General for the state and Deft in custody of the Sheriff and Deft failed to pay or secure the cost (“balance of” is written above cost) of heretofore adjudged against him. It is adjudged by the Court that Deft be committed to the work house of DeKalb County, Tennessee until he works said balance cost, and DeKalb County will pay the balance state cost in this case when properly taxed and certified. July 10, 1895 Page 22 THE STATE Vs /CARRYING PISTOL HARVIE MAYNARD Came the Atty. General for the State and Deft in proper person who being arraigned and charged 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 proceeded as the law directs to empanel a Jury to try this case when the following good and lawful men were drawn to wit: ED WARREN, W. S. BRASSWELL, W. R. WINFREE, L. G. LOVE, J. H. D. KNOWLES, J. D. TISDALE, A. B. PARIS, AARON CANTRELL, S. S. ROBINSON, W. A. TRAMEL, JOHN DAVIS, AND WM. CULWELL, who upon their oaths do say they cannot agree on a verdict in this case. Then came Deft with J. E. CONGER, and DAVID MALONE, his securities, and acknowledges themselves indebted to the State in sums as follows: Deft in the sum of two hundred and fifty dollars and said securities jointly and severally in like sums to be levied of their goods, land and tenements to the use of the State but to be waived if Deft make his personal appearance to the Judge of this Court, at the courthouse in Smithville, TN, on the first Wednesday after the 3rd Monday in November and answer the State on the above charge and not depart without leave of the Court. July 15, 1895 Page 77 Monday Morning 8:00, July 15, 1895 Court met pursuant to adjournment present and presiding the Hon. J. S. Gribble, Chancellor of the 8th Chancery Division of Tennessee, sitting by interchange with the Hon. M. D. SMALLMAN, Judge of the 6th Judicial Circuit of Tennessee, the following proceedings were had to wit: This day came the Grand Jury and filed the following Presentments to wit: A Presentment against THOS. FORD, alias T. J. FORD, for selling liquor. Signed by 12 members of the Grand Jury. A Presentment against FRANK DENTON for carrying a pistol signed by all members of the Grand Jury. Presentment against D. BUCKNER for carrying a pistol signed by all members of the Grand Jury. A Presentment against M. PAYNE, alias MANSON PAYNE, for carrying a pistol signed all members of the Grand Jury. Two Presentments against MEL FERRILL for disturbing public worship signed by all members of the Grand Jury. A Presentment against ADAM HODGE for carrying a pistol signed by all members of the Grand Jury. A Presentment against WM. BLANKENSHIP for giving Liquor to minors signed by all members of the Grand Jury. July 16, 1895 Page 89 THE STATE Vs /PROFANITY HARRY LEE In this case, it is ordered by the Court the fine of five dollars, heretofore adjudged against Deft in the court be remitted. July 16, 1895 Page 89 THE STATE Vs /ATTACHMENT J. B. MORGAN For satisfactory reasons appearing in this court it is ordered by the Court that this case be dismissed and DeKalb County will pay the State cost in this when properly taxed and certified. July 16, 1895 Page 89 THE STATE Vs /ASSAULT WITH INTENT TO COMMITT MURDER AMBROSE FOUTCH Came again the Atty. General for the Sate and the Deft in proper person and by Attorneys and also the same Jury sworn in this case on a former day of this term of this Court, in charge of their said officers, W. H. HAYES and T. L. B. EVANS; ___ F. M. LOVE, R. BLACK, ROBT. VANTRESSE, G. H. COLBERT, JO DENTON, W. S. JOHNSON, F. CULWELL, G. W. CHILDRESS who after hearing the remainder of the evidence in the case, and a portion of the argument of Counsel, for want of time to proceed further in the investigation of the case on today retired in charge of their said officers until the next meeting of the court on tomorrow morning. July 18, 1895 Page 105 ……..Jury is excused from further service at the present time, and J. B. VANTREASE, was summoned by the Sheriff from among the bystanders, and was appointed by the Court to act as a member of the regular Jury during the remainder of this term in place of said ANDY ROBINSON who was excused. THE STATE Vs /GIVING LIQUOR TO MINOR W. M. BLANKENSHIP In this case the Atty. General entered a Nolle upon Deft securing all the cost in the case. Then came deft with J. W. (Jonathan) BLANKENSHIP and S. T. WALL his securities and assumed said cost and confessed Judgment for the same. It is adjudged by the court that the State recover of Deft and said securities said cost for which let Fifa issue. Court adjourned until tomorrow morning at 8 o’clock. Signed: J. S. GRIBBLE, CL Nolle: An entry made on the record, by which the prosecutor or plaintiff declares that he will proceed no farther. Fifa: A directive by a High Court to a sheriff to seize sufficient goods of a debtor to satisfy judgment debt. July 19, 1895 Page 111 THE STATE Vs /ASSAULT TO KILL W. M. BLANKENSHIP In this case the Grand Jury returned into open court an Indictment against Deft endorsed by the foreman, not a “TRUE BILL.” It is adjudged by the Court that Deft be discharged and DeKalb County will pay the State cost in this case when properly taxed and certified. True Bill: Not endorsed by the Grand Jury November 21, 1895 Page 171 THE STATE Vs /ATTACHMENT LEE P. and TONY ALLEN By order of the court this case is set for 2nd Monday of present term. November 21, 1895 Page 171 THE STATE Vs /CARRYING PISTOL WM. BLANKENSHIP By order of the court case is set for Monday next. November 21, 1895 Page 171 THE STATE Vs /LEWDNESS DURINDA ARNOLD SUSANA ARNOLD By order of the court this is set for 2nd Monday of this term. November 21, 1895 Page 171 THE STATE Vs. /CARRYING PISTOL FRANK DENTON By order of the court this is set for 2nd Monday of this term. January 11, 1896 Page 251 THE STATE Vs /CARRYING PISTOL WM. BLANKENSHIP Came the Atty. General for the State of Tennessee and Dft Wm. Blankenship being solemnly called to come into court as he was this day bound to do and answer the State of Tennessee on the charge of carrying Pistol according to the tenor and effect of his bond entered into in this cause came not but made default and THOS. REYNOLDS being solemnly called to come into court and bring with him the body of said WM. BLANKENSHIP to answer the State in the above charge according to the tenor and effect of his bond came not neither brought with him the body of said WM. BLANKENSHIP but made default. It is therefore adjudged by the court that the said WM. BLANKENSHIP and his security the said THOS REYNOLDS for said default do forfeit and pay to the State of Tennessee the sum of two hundred and fifty dollars according to the tenor and effect of said bond unless they shall show good cause to the contrary that said SCIFA issued against said WM. BLANKENSHIP and THOMAS REYNOLDS to appear at the next term of this court to show cause if any they have why this Judgment shall not be made final. Note: Scire facias abbr. Scifa was a writ requiring the party against whom it is brought to show cause why a judgment should not be executed, vacated or annulled. March 18, 1896 Page 318 THE STATE Vs /CARRYING PISTOL WM. BLANKENSHIP Came the Atty. General for the State and with him came Dft and T. M. MCREYNOLDS his security and acknowledged themselves indebted to the State in sums as follows: Defendant in the sum of $250.00 and said security in a like sum to be levied of their goods, land and tenements to the use of the State but to be void if Defendant make his personal appearance before the Judge of our said Court from day to day and not depart without leave of the court. March 24, 1896 Page 362 THE STATE Vs /CARRYING PISTOL WM. BLANKENSHIP Came the Atty. General for the Dft in proper person who being arraigned and charged for plea says he is not guilty. Then came a Jury of good and lawful men, to wit: F. N. SMITH, R. W. BAKER, A. W. AUSTIN, AARON CANTRELL, J. H. BRASWELL, R. D. DRIVER, J. B. PITMAN, H. J. PICKETT, W. C. YEARGIN, PLEAS CANTRELL, T. P. Givans and L. A. CANTRELL, who upon their oaths do say Dft is not guilty. It is adjudged by the Court that Defendant be discharged and DeKalb County will pay the State cost in this case when properly taxed and certified. It is ordered by the Court that no witness fees for State witnesses be taxed in this case. March 24, 1896 Page 364 The State Vs /CARRYING A PISTOL LUM GOOSLEY Came the Atty. General for the State and Defendant in proper person when the Atty. General entered a Nolle (Nolle was an entry made on the record, by which the prosecutor or plaintiff declares that he will proceed no further.) upon Defendant paying or securing the cost and Defendants failing to pay or secure said cost is committed to the jail of DeKalb County until he works out said cost or is otherwise fully discharged and DeKalb County will pay the cost in this case when properly taxed and certified. THE STATE Vs. /SCIFA WM. BLANKENSHIP & THOMAS REYNOLDS For satisfactory reasons appearing to the court, it is ordered that this case be set aside and dismissed and DeKalb County will pay the cost accrued in this instance when properly taxed and certified. Note: Scire facias abbr. Scifa was a writ requiring the party against whom it is brought to show cause why a judgment should not be executed, vacated or annulled. ___________________________________________________________________ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm This file was contributed for use in the USGenWeb Archives by: Pattie Cochran EPCOCHRAN@aol.com ___________________________________________________________________