Anderson County Records, 1846

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Copyright. All rights reserved.
http://www.usgwarchives.net/copyright.htm

Submitted by Scott Fitzgerald - scottfitzgerald@tyler.net East Texas
Genealogical Society, President 8 September 2005

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Originally published in The Tracings, Volume 3, No. 1, Winter 1984, Pages
16-17 by the Anderson County Genealogical Society, copyright assigned to the
East Texas Genealogical Society.

MARCH OF JUSTICE REFLECTED IN ANDERSON COUNTY RECORDS WHICH DATE BACK TO THE
FALL OF 1846

by Ben Greenwood and Jim Moore (Written at the Request of Palestine Press)

Fortunately, the fire that destroyed the Anderson county courthouse the
night of January 6, 1913, left to posterity a few of the records of early
proceedings in the district court during the years immediately following the
admission of Texas into the United States in 1845. Beginning in November for
the fall term, 1846, Volume A at the district court minutes, now in the
custody of District Clerk Jim M. Moore, begins with the order declaring the
election of the officers for that term.

Upon the certification of D. M. Edens, "Chief Justice of Anderson County,"
A. E. McClure with "one hundred and twenty-three votes" was declared
district clerk, and Peyton Parker, with "one hundred and eighteen" votes was
declared sheriff. On the following day, a venire of 36 men came into court,
of whom 16 were constituted the grand jury, with Thomas Wolverton as
foreman, but it was necessary to excuse him because he was not a citizen,
and John Murchison was appointed foreman.

Most of the names of those constituting the first grand jury were still
prominent in the affairs of Anderson county and included the following:
Balch Baty, Ransom Rucker, Hansford Hanks, John Morgan, James Knox, G. W.
Hanks, Martin Pruitt, Daniel W. Crist, David R. Woods, George Galloway,
Meekam Maine, Lsa McKinzie and B. W. Douthit.

Court convened on November 9, 1846 and four days later the grand jury
returned to the court five indictments for assult [sic] and battery and one
for "refusing to render a list of property to appraiser and collector", a
great contrast to the 129 felony and three misdemeanor indictments returned
by the grand jury that served for the December term, 1921. The capiases for
arrest were returnable to the next term of court.

Only three civil cases show to have been tried during the term of court, one
concerning a $150 debt, one concerning the probate of a will, and one
awarding a "labor" of land to the plaintiff. One fine of $300, one fine of
one cent, and one acquittal were the sum total of criminal cases tried by
Thomas W. Blake, who was appointed district attorney for the term. One of
these was prosecuted in the name of the "Republic of Texas."

W. R. Ochiltree was district judge during the term of court, and John
Grigsby, county clerk, and J. W. Gardner, justice of the peace acted with
the district clerk in selecting the jurors for the next term. The jury for
that term consisted of 13 men, 12 of who, served in each case, and
constituted, as follows: Lewis B. Jones, G. H. Duncan, M. P. Smith, Isaih
Silloman W. H. Fitzgerald, John Hopel, Jr., Mark Roberts, S. W. Warden, W.
Holt, Henry Wright, Will Hopkins, Solomon Hopkins, and W. T. Marshall,
descendants of most of whom still reside in Anderson County.

In One civil case, in which one of the defendants was a non-resident, and
the law required citation for publication, the court ordered publication in
the San Augustine Shield, presumably the nearest newspaper published to
Anderson county. The court apparently adjourned the same week it convened
according to the records.

At the next term of the court which convened on May 1_, 1847, Amos Clark was
district judge and Samuel G. Wells, sheriff, and the first order of the
court appointed Thomas W. Shed (?), district attorney for the term of the
court.

The grand jury at this time . . . . (Continued on page 6)

(This torn article was found in the Mary Kate Hunter Papers in the Palestine
Carnegie Library. The other part was missing and the names may not be
spelled correctly due to the condition of the newsclipping. Submitted by
Mrs. C. Watts)

MARCH OF JUSTICE REFLECTED IN ANDERSON COUNTY RECORDS WHICH DATE BACK TO THE
FALL OF 1846

by Ben Greenwood and Jim Moore (Written at the Request of Palestine Press)

Fortunately, the fire that destroyed the Anderson county courthouse the
night of January 6, 1913, left to posterity a few of the records of early
proceedings in the district court during the years immediately following the
admission of Texas into the United States in 1845. Beginning in November for
the fall term, 1846, Volume A at the district court minutes, now in the
custody of District Clerk Jim M. Moore, begins with the order declaring the
election of the officers for that term.

Upon the certification of D. M. Edens, "Chief Justice of Anderson County,"
A. E. McClure with "one hundred and twenty-three votes" was declared
district clerk, and Peyton Parker, with "one hundred and eighteen" votes was
declared sheriff. On the following day, a venire of 36 men came into court,
of whom 16 were constituted the grand jury, with Thomas Wolverton as
foreman, but it was necessary to excuse him because he was not a citizen,
and John Murchison was appointed foreman.

Most of the names of those constituting the first grand jury were still
prominent in the affairs of Anderson county and included the following:
Balch Baty, Ransom Rucker, Hansford Hanks, John Morgan, James Knox, G. W.
Hanks, Martin Pruitt, Daniel W. Crist, David R. Woods, George Galloway,
Meekam Maine, Lsa McKinzie and B. W. Douthit.

Court convened on November 9, 1846 and four days later the grand jury
returned to the court five indictments for assult [sic] and battery and one
for "refusing to render a list of property to appraiser and collector", a
great contrast to the 129 felony and three misdemeanor indictments returned
by the grand jury that served for the December term, 1921. The capiases for
arrest were returnable to the next term of court.

Only three civil cases show to have been tried during the term of court, one
concerning a $150 debt, one concerning the probate of a will, and one
awarding a "labor" of land to the plaintiff. One fine of $300, one fine of
one cent, and one acquittal were the sum total of criminal cases tried by
Thomas W. Blake, who was appointed district attorney for the term. One of
these was prosecuted in the name of the "Republic of Texas."

W. R. Ochiltree was district judge during the term of court, and John
Grigsby, county clerk, and J. W. Gardner, justice of the peace acted with
the district clerk in selecting the jurors for the next term. The jury for
that term consisted of 13 men, 12 of who, served in each case, and
constituted, as follows: Lewis B. Jones, G. H. Duncan, M. P. Smith, Isaih
Silloman W. H. Fitzgerald, John Hopel, Jr., Mark Roberts, S. W. Warden, W.
Holt, Henry Wright, Will Hopkins, Solomon Hopkins, and W. T. Marshall,
descendants of most of whom still reside in Anderson County.

In One civil case, in which one of the defendants was a non-resident, and
the law required citation for publication, the court ordered publication in
the San Augustine Shield, presumably the nearest newspaper published to
Anderson county. The court apparently adjourned the same week it convened
according to the records.

At the next term of the court which convened on May 1_, 1847, Amos Clark was
district judge and Samuel G. Wells, sheriff, and the first order of the
court appointed Thomas W. Shed (?), district attorney for the term of the
court.

The grand jury at this time . . . . (Continued on page 6)

(This torn article was found in the Mary Kate Hunter Papers in the Palestine
Carnegie Library. The other part was missing and the names may not be
spelled correctly due to the condition of the newsclipping. Submitted by
Mrs. C. Watts)