Circuit Court Records
1843 - 1850
Pages 1 - 261
Abstracted Feb 2007 by Milly Wright; Submitted for use on these pages 6 Aug 2007.
Note: The entire book has not been transcribed. Included are all lists of jurors (some with occupations described), applications for citizenship, cases involving slaves and other cases of interest. Spelling follows the
original as closely as possible.
Page 1
October 2, 1843
Summons of qualified grand jurors:
Hon. George W Lane, Judge Vincent M Benham, Sheriff
Joshua D Stamps
William R Porter
Abram Dean
Joseph Brahan
Simeon Dameron?
Lewis C Moore
John A Smith
James Humphries
Michael Olive
Alfred A Westmoreland
Joseph P Bourland
Thomas O Davis
Elias Faires
William H Price
Samuel D Weakley
Abram Dean, foreman
William H Harwell, Bailiff
Travers Jurors summoned:
Samuel Modlin
S J Porter
Thomas Bowie
William Burrow
James McLanahan (McClanahan)
James Brahan
Nathaniel B Sturdivant
Manuel S Rudy
Oliver Thompson
Thomas Williams
John S Weaver
Feilden Fields
John C? F Wilson
Andrew J Campbell
John W McAllister
John R Henry
Joseph Ijames
Strictland Perry
George G Armstead
Murrel Askew
Samuel Bromley
Thomas K Young
John Wilcoxon
James B Price
Page 2
October 2, 1843
#4523
Robert Eams? vs James Benham, former Sheriff of Lauderdale County, Alabama
“...according to the eighteenth section of an act approved December the 17th 1819 entitled an act for the appointment of county officers and for other purposes move said court for judgment against him the said James Benham a former sheriff of the county aforesaid for the debt damages and costs of an execution of ? ... which was issued on the 13th day of
October 1837 on a judgment in favour of the said Robert Eams and against one James Coulter obtained on the 4th day of October 1837 in the circuit court ... $75.00 plus interest and costs. Jury found for the Plaintiff - James Benham to pay $91.53 1/4 cents, plus costs of this suit.
Page 3
October 2, 1843
#4488
John Simpson & Co vs Robert Armistead
Armistead to pay debt of $369.70 plus interest and costs.
Page 4
October 2, 1843
#4493
N M Hentz, use of John Simpson and Co vs Jonathan Beckwith
Beckwith made default. Hentz to be paid $306.37 for debt with $18.37 damages plus costs of suit.
Page 6
October 2, 1843
#4501
William H Pope vs Willis Pope
Plaintiff asked to dismiss suit - Defendant to pay costs
Page 9
October 2, 1843
#4522 (Entire case crossed out)
Thomas Boardman, use of the American Asylum vs Stockley Donelson, Adm and Eliza Donelson, Admx of John Donelson, deceased
Plaintiff to be paid $1458.83 plus interest and costs - “to be levied and collected of the goods and chattles of the defendants intestate in their hands to be administered.”
Page 10
October 2, 1843
#4534
LeRoy Pope and John McKinley vs Elijah Bourne and Thomas J Crow
Bourne and Crow to pay $128.65 plus interest and costs
Page 12
October 3, 1843
Grand Jury - Bills of Indictment:
John Ferrell - trading with a slave
Jackson Flake - horse stealing
Richmond T Malone - horse stealing
Hiram Sartin - rape
William M McClusky - carrying concealed weapon
William G Hughs - carrying concealed weapon
John, a Slave - breaking open a house
Peter Grannett - assault and battery
Ambrose Bohanon - retailing spiritous liquors without a license
Page 29
October 4, 1843
Grand Jury - Bills of Indictment
Christopher Cheatham - carrying concealed weapon
Affray, assault and battery, assault with intent to commit mayhem (Daniel Koger), horse stealing, gaming (Andrew Jackson and James H Martin, Daniel Koger, David B Scott), retailing spirituous liquors, trading with a slave (John Carr), keeping and exhibiting a faro bank
Page 33
October 6, 1843
Grand Jury - Bills of Indictment
Retailing spirituous liquors, agg., assault and battery, trading with a slave (John Carr, Peter S Parker), keeping and exhibiting a faro bank
Page 35
October 6, 1843
#574
State vs Jesse Hays
Case dismissed by solicitor for state (retailing)
Page 35
October 6, 1843
#574
State vs Greenberry Sharp
Benjamin Fitzpatrick, governor of the state of Alabama and his successors in office recover of Sharp $100.00 for failure to come into court to give evidence against Jesse Hays for retailing.
Page 36
October 6, 1843
#4533
E A O’Neal vs Richard O Pickett
Plaintiff have judgement against the defendant for the amount of his liability in the case of Joseph L Sloss against this plaintiff. O’Neal to recover of Pickett the sum of $85.88 plus four dollars damages by way of interest, also the costs herein expended.
Page 42
October 7, 1843
No case number
State vs John a slave
Neander H Rice gave $100.00 bond for John a slave, the property of Thomas Kirkman. (Apparently for breaking open a house)
Page 47
October 7, 1843
No case number
State vs John, a slave, the property of Thomas Kirkman
Prisoner be permitted to be bailed in the sum of $1500. by Thomas Kirkman - charge for burglary in breaking and entering the dwelling house of John Murphy.
Page 48
October 7, 1843
“This day George G Armistead produced in open court here a certain deed executed by William H Noland of the first part of the said Armistead of the second part and Harriett M Noland of the third part dated on the second day of October A.D. 1843 duly attested by Robert Armistead and Dorsey Winborne and the said Robert Armistead being duly sworn deposeth
and saith that he saw the above named William H Noland whose name is subscribed thereto sign seal and deliver the same to the said George G Armistead that he this deponent subscribed his name as a witness thereto in the presence of the said William H Noland and that he saw the other subscribing witness Dorsey Winborne sign the same in the presence of the said William H Noland and in the presence of each other on the day and year therein named.” [My note: George and Harriett and Robert were siblings. (msw)]
Page 50
April 1, 1844
Hon. Daniel Coleman, one of the Judges of the Circuit Court; Vincent M Benham, Sheriff
Grand Jurors summoned:
1. William Trousdale, farmer, Blue Water
2. Henry D Smith, farmer, Reserve
3. Thomas Deberry?, Farmer, Cypress Creek
4. William H Rodgers, sadler, Florence
5. Zedekiah Willet, farmer, Sweet Water
6. Neal Rowel, farmer, Reserve
7. Josiah Page, farmer, Rodgersville
8. Benjamin K? Ingram?, farmer, Rodgersville
9. Thomas O Davis, farmer, Cypress Creek
10. George Herndon, farmer, Cypress Creek
11. Bennet Pope, farmer, Cypress Creek
12. William Harmon, farmer, Blue Water
13. John Duckett, farmer, Cypress Creek
14. John Chisholm, farmer, Cypress Creek
15. Thomas Barnett, farmer, Blue Water
Others summoned:
John Cooper, George G Armistead, William Maclanahan, Ephraim Sheffield, Hiram Kennedy and Philamon Gresham.
Those drawn to be on jury: Armistead, Cooper and Kennedy.
George G Armistead sworn as foreman.
Others on jury: Rowel, Kennedy, Trousdale, Debery, Rodgers, Page, Ingram, Herndon, Pope, Harmon, Barnett and Harwell.
Page 51
April 1, 1844
Pettit Jurors:
1. John Harrison, farmer, Shoal Creek
2. William R Porter, shoe maker, Lexington
[no #3.]
4. Wilson G Womble, farmer, Bluff Creek
4. John Williams, farmer, Blue Water
5. John Simpson, merchant, Florence
6. John West, farmer, Blue Water
7. Simeon Dawson, farmer, Coxes Creek
8. Jacob D Casey, farmer, Cypress Creek
9. John Harkins, merchant, Florence
10. Benjamin F Rhodes, Tanner, Cypress Creek
11. Duncan Smith, farmer, Cowpen Creek
12. Thomas K Young, farmer, Cypress Creek
13. A B Parsons, Millright, Coxes Creek
14. Strictland Perry, farmer, Cypress Creek
15. Thomas P McNight, farmer, Cypress Creek
16. William H Crittenten, merchant, Marmion
17. John Chism, farmer, Cowpen Creek
18. Henry Darby, Cypress Creek
19. Robert Kernachan, farmer, Sinking Creek
20. Jacob Stutts, Gun Smith, Cowpen Creek
21. Andrew J Coffee, farmer, Cypress Creek
22. Thomas Lansford, farmer, Lambs Ferry
23. Martin B Wood, farmer, Coxes Creek
24. James Martin, carpenter, Factory
Page 52
April 1, 1844
#4481
William and Martha Koger vs Benjamin F Crittentin and William H Crittenten
Suit be dismissed - plaintiffs and defendants each pay one half of cost.
#4483
Wm and M Koger vs Benjamin F Crittenten - same as above
Page 55
April 1, 1844
#4554
Moses Wood, use of William Penny, adm etc. vs Elizabeth Haygood
Case dismissed
Page 55
April 1, 1844
“Sterling A Wood Esqu. this day produced in open court a license authorizing him to practice law in the several county circuit and chancery courts of the state of Alabama and was accordingly sworn and his name entered on the roll of attornies.”
Page 56
April 1, 1844
#442
Thomas and James Kirkman, Exrs and Sarah Jackson, Extrx vs Neal Rowell and Christopher Cheatham
Case dismissed. Defendants pay cost.
Page 60
April 2, 1844
Grand Jury Indictments:
Assault and battery, affray, larceny, grand larceny
Page 61
April 2, 1844
#4339
Thomas Kirkman vs Samuel Bromley
Found issue for the plaintiff and assess his damages to one cent. Plaintiff recover of defendant the possession of the E/2 of SW/4 of S16 T2 R13 - also other land plus one cent. Plaintiff to pay cost of defendant’s witness in the suit. ??
Page 64
April 3, 1844
Grand Jury Indictments:
Trading with slaves (John Bailey, William Arnett), obstructing a public road, defaulting overseer of the road (Alexander D Coffee, James Shelton), unlawful gaming, affray
Page 66
April 3, 1844
#4568
Goode and Jones vs Jonathan M Cunningham, Admr of the goods and chattles rights and ? of J P Cunningham, Deceased.
Judgement to plaintiff for $1072.64 plus damages.
Page 73
April 4, 1844
#659
State vs Christopher Cheatham
Cheatham made default (didn’t show up in court), -nor did his security, Franklin Taylor. Fine of $100.00 unless they show sufficient cause to the contrary.
Page 78
April 4, 1844
Andrew Blair
Ex Parte
“This day came Andrew Blair in open court and produced to the court here a certificate from the clerk of this Hon court of his intention to become a citizen of the United States and to renounce and objure all allegiance to every foreign prince power and potentate and particularly to Queen Victoria, queen of the United Kingdom of Great Britain Ireland and Scotland of whom he was a subject which said declaration his intentions as aforesaid was filed in the Hon the circuit court of said county on the second Monday after the Third Monday in March 1842 and it appearing to the satisfaction of the court that the said Andrew Blair has resided within the United States at least five years previous hereto and within the state of Alabama at least one year last past that during the time aforesaid he has behaved as a man of good moral character attached to the principles of the United States and well disposed to the good order of the same and the said Andrew Blair having this day in open court after having been duly sworn declared that he will support the constitution of the United States and that he doth absolutely and entirely renounce and abjure all allegiance and fidelity to every foreign prince potentate state or sovreignity and particularly to Queen Victoria, Queen of the United Kingdoms of Great Brittain Ireland and Scotland to whoom he was lately a subject whereupon the said Blair is hereby declared entitled to the rights and is henceforth to be regarded as a citizen of the United States of America.”
Page 78
April 4, 1844
The State vs: John C McMahan, John Harrison, Richard A Bailey, Daniel Bowie, Nathaniel Booth, William Harvell, Samuel P Shelbourn, Amos McDonald, Aaron Askew
Defendants gave bond of $100.00 each - promised to give evidence in behalf of the State of Alabama and against Amos Ives on a charge for permitting a prisoner charged with murder to escape ... (case not completed in book)
Page 81
April 4, 1844
“I John White formerly of Manchester England now of Lauderdale County Alabama do declare on oath that it is bona fide my intention to become a citizen of the United States and to renounce forever all allegiance and fidelity to any prince potentate state or sovreignity whatever and particularly to Queen Victoria Queen of the United Kingdoms of Great
Brittain and Ireland of whoom I am now a subject Sworn to and subscribed in open court this 3rd day of April 1844
John White
Test R B Baugh, Clerk”
Page 86
April 5, 1844
#4541
Catherine Winter plaintiff for the use of William E Walker vs Thomas Kirkman and Robert Andrews Executors of the last will and testament of William O Perkins deceased.
Jury found for the plaintiff - to receive $272.20 from the goods and chattles of William O Perkins unadministered in the hands of the defendants.
Page 88
April 5, 1844
No Case Number
The State vs Amos Ives
Ives was charged in a bill of indictment for voluntarily permitting James M King to escape who had been charged before John Harrison a Justice of the peace ... for committing murder upon the body of one Britton Farrow. Pleads not guilty. Put to jury - “it appearing to the court that there was a material variance between the proof and the allegations in the bill of indictment ... nol prosequi is entered. Ives, James Irvine, David G Ligon and Ephraim Sheffield gave bond of $500.00
jointly ...[paragraph not finished]
Page 90
“Circuit Court of Lauderdale County Alabama Spring Term 1844. Be it remembered that on this the 6th day of April 1844 personally came into court John Bushby who declared on oath before said court that it was his bonafide intention to become a citizen of the United States of America and that he renounced forever all allegiance and fidelity to any foreign
prince potentate state or sovereignty whatever and particularly did he renounce all allegiance to her majesty Queen Victoria the present reigning Queen of the Kingdom of Great Brittain Ireland Scotland etc. Sworn to and subscribed in open court this the 6th day of April 1844 and of American Independence the 68th year.
John Bushby
Test R B Baugh, Clerk
Page 90
“Circuit Court of Lauderdale County Alabama Spring term thereof 1844. Be it remembered that on this the 6th day of April Anodomini 1844 personally appeared in open court John Clegg a native of the government of England and made oath that it was his bonafide intention to become a citizen of the United States of America and that he doth now renounce
henceforth and forever all allegiance and fidelity to any foreign prince potentate state or sovreignty whatever. And particularly to her majesty Queen Victoria the present reigning Queen of the Kingdom of Great Brittain Ireland Scotland etc. Sworn to and subscribed to in open court on this the 6th day of April 1844.
John Clegg
Test R B Baugh, Clerk
Page 91
Monday September 30th 1844
Summoned for Grand Jury:
Hon. George W Lane, one of the Judges of the court
Winston P Pettus, Sheriff
1. Henry Williams, farmer, Blue Water
2. Nicholas Wright, farmer, Blue water
3. William Stutts, farmer, Cowpen Creek
4. Robert Armistead, farmer, Reserve
5. Augustus F Harwell, farmer, Cypress Creek
6. Wilson Whitset, farmer, Second Creek
7. Jacob Reeder, farmer, Cypress Creek
8. James Douglass, farmer, Blue Water
9. Thomas A Lansford, farmer, Lambs Ferry
10. Alexander Herman, farmer, Blue Water
11. William Powers, farmer, Cypress Creek
12. Nathan Boddie, farmer, Reserve
13. William R McGuire, farmer, Lexington
14. Benjamin F Rhodes, Tanner, Cypress Creek
15. Turner Walston, farmer, Sinking Creek
Also summoned: Joel Estes
Final Jury: Henry Williams, foreman, Wright, Stutts, Armistead, Harwell, Whitset, Reeder, Douglass, Herman, Powers, Boddie, McGuire, Walston, Estes.
Robert E Carr, Bailiff
Page 92
Traves jurors:
1. Simeon Dameron, farmer, Coxes Creek
2. Jacob Stutts, Gunn Smith, Blue Water
3. Henry Darby, farmer, Cypress Creek
4. Robert Kernachan, farmer, Sinking Creek
5. Andrew J Coffee, farmer, Reserve
6. Jacob D Casey, farmer, Cypress Creek
7. John Simpson, merchant, Florence
8. Thomas O Davis, farmer, Cypress Creek
9. John C F Wilson, farmer, Coxes Creek
10. Thomas K Young, farmer, Cypress Creek
11. Abia B Parsons, Millright, Coxes Creek
12. John Harrison, farmer, Masonville
13. John Williams, farmer, Blue Water
14. Michael Long, farmer, Brush Creek
15. James A Johnson, Gin maker, Coxes Creek
16. William H Critenten, farmer, Blue Water
17. John Duckett, farmer, Cypress Creek
18. Hugh Reynolds, farmer, Butlers Creek
19. John West, farmer, Rodgersville
20. William H Harwell, farmer, Waterloo
21. Strictland Perry, farmer, Cypress Creek
22. Adam Weaver, Farmer, Rodgersville
23. Martin Harkins, Merchant, Florence
24. Thomas McDaniel, farmer, Cowpen Creek
Page 95
Sept 30, 1844
#4586
William M Kerley vs Nathaniel H Marks
Death of the plaintiff suggested. Suit to revive in the name of Baylis E Bourland, his administrator.
Page 98
9/30/1844
#4602
Ewing Belsha vs Jonathan Beckwith
Beckwith to pay $470.80, balance of debt plus damages and costs
Page 101
Sept 30, 1844
#4626
Sarah Noel vs Robert Armistead
Armistead made default. Jury assessed damages at $142.50 and cost
Page 102
Sept 30, 1844
“On motion of Edward A O’Neal solicitor It is ordered by the court that Friday be set apart for the trial of John a slave the property of Thomas Kirkman charged in a bill of indictment for breaking open a house.”
Page 108
October 1, 1844
Grand Jury Bills of Indictment
Retailing, keeping a disorderly house (Robert Rust), Bill of indictment against Washington a slave the property of Milly Tate for burglary Affray, defaulting overseer of the road
Page 109
“On motion of Edward A O’Neal solicitor. It is ordered by the court that Henry Williams the present foreman of the grand jury be excused and that Joel Estes be appointed.”
Page 114
October 3, 1844
“In the Circuit Court of said county of the term commencing on the 1st Monday after the 4th Monday of Sept 1844. This day Mervyn J Warren aged between twenty one and twenty two years in open court makes oath that he bona fide intends to become a citizen of the United States and renounces forever all allegiance and fidelity to any foreign Prince Potentate State or Sovreignity whatever and particularly to Victoria Queen of the United Kingdom of Great Brittain
Ireland and Scotland and her successors in whose dominion he has heretofore resided and whose subject he now is he further declares on his oath that by birth he is an Irishman that he sailed from Dublin in May 1837 and landed in New York in the July following and that he has resided in the United States since that period with the exception of a short time when he visited his native country and that he has resided in the Town of Florence in the state aforesaid for the last five or six weeks he further states that he is by occupation at this time a merchants Book Keeper. Sworn to and subscribed in open court this 3rd day of October 1844.
M J Warren
Test R B Baugh, Clerk
Page 114
Oct. 3, 1844
#583
State vs John Johnson
Indictment for Linching. - State to recover forfeited bond of $100.00.
James Humphries, his security, also made default - also to pay $100.00 - unless they appear at next term of court and show cause.
Page 120
October 4, 1844
Hugh Simpson
Expartee
“This day came Hugh Simpson in open court and produced to the court here a certificate from the clerk of this Hon. court of his intention to become a citizen of the United States of America and to renounce and abjure all allegiance to every foreign prince power and potentate and particularly to Victoria Queen of the United Kingdom of Great Brittain Ireland and Scotland of whoom he was a subject which said declaration of his intentions as aforesaid was filed in the Hon the circuit court of said county on the second Monday after the third Monday in September 1842 and it appearing to the satisfaction of the court that the said Hugh Simpson has resided within the United States at least five years previous thereto and within the State of Alabama at least one year last past that during the time aforesaid he has behaved as a man of good
moral character attached to the principles of the United States and well disposed to the good order of the same and the said Hugh Simpson having this day in open court after having been duly sworn declared that he will support the constitution of the United States and that he doth absolutely and entirely renounce and abjure all allegiance and fidelity
to every foreign Prince Potentate State or Sovreignity and particularly to Queen Victoria Queen of the United Kingdoms of Great Brittain Ireland and Scotland of whoom he was lately a subject whereupon the said Hugh Simpson is hereby declared entitled to the rights and is henceforth to be regarded as a citizen of the United States of America.”
Page 122
Oct. 4, 1844
#583
The State vs John Johnson
“Came the Solicitor who prosecutes etc and the defendant in his own proper person charged in a bill of indictment for linching pleads guilty thereto and for his deliverance puts himself upon the mercy of the court. It is therefore ordered by the court that the defendant be fined the sum of one cent. It is therefore considered by the court that the State of Alabama recover of the said defendant the sum of one cent the fine aforesaid together with the costs of this said suit in this behalf expended.”
Page 123
Oct 4, 1844
#635
State vs James M King
Charged with murder. Several people gave bond for him.
Page 124
October 5, 1844
“This day Ellen M Weakley in open court makes oath that she bona fide intends to become a citizen of the United States and renounces forever all allegiance and fidelity to any foreign prince potentate state or sovreignity whatever and particularly to Victoria Queen of the United Kingdom of Great Brittain and Ireland and her successors in whose dominion she was born and whose subject she now is. She further declares on her oath that she was born in the City of Cork, Ireland and that she sailed from that city in August 1818 a minor and landed in Philadelphia, state of Pennsylvania in October following, a minor aged 14 years and has resided in the United States since that period and in the Town of
Florence state of Alabama for the last fourteen years. Sworn to and subscribed in open court Oct 5th 1844
Ellen M Weakley
Test. R B Baugh, Clerk
“This day came in open court Ellen M Weakley who upon oath states that she emigrated to the United States of America from Ireland three years preceeding her arrival at Twenty one years of age and that she resided therein three years next preceeding her twenty first year and that she hath resided therein up to the present period of time being more than
five years and that she has resided in the state of Alabama more than one year prior hereto and that it has been her bona fide intention for three years next preceeding the present period of time to become a citizen of the United States and that she doth here now renounce and abjure all allegiance to any foreign Prince power or potentate and particularly to Victoria Queen of the United Kingdom of England Ireland and Scotland of whose Kingdom she is a native born subject and that she will hereafter support the constitution of the United States of America. And it appearing to the satisfaction of the court from the testimony adduced upon this application that the said Ellen M Weakley is a native of Ireland and that she emigrated to the United States of America three years preceeding her arrival at twenty one years of age and has resided therein five years previous to this time and has resided in the state of Alabama one year previous to this time and that it has been for three years past bonafide her intention to become a citizen of the United States of America and that during her residence in the United States she has behaved as a person of good moral character attached to the
principles of the constitution of the United States. It is therefore ordered by the court that the said Ellen M Weakley be admitted and she is hereby declared to be a citizen of the United States of America with all the rights privileges and immunities thereunto belonging.”
Page 128
Monday March 31, 1845
Hon. Daniel Coleman, one of the Judges of said Circuit Court
Winston P Pettus, Sheriff of Lauderdale County
Summoned to Grand Jury:
1. Samuel D Weakley, surveyor, Florence
2. Joseph Bigger, silver smith, Florence
3. Baylor B Barker, Tavern Keeper, Florence
4. Enoch Garner, farmer, Florence
5. Burwell Rea, Farmer, Anderson Creek
6. Robert Andrews, merchant, Florence
7. Zebulon P Morrison, Cabinet Maker, Florence
8. James McMurry, farmer, Rodgersville
9. Peter F Archer, farmer, Sinking Creek
10. Henry Privet, farmer, Cypress Creek
11. Mathew Pinkstone, farmer, Cypress Creek
12. John L House, Farmer, Sinking Creek
13. Hardy Matthews, farmer, Waterloo
14. James W Stewart, Tailor, Florence
15. Thomas M Philips, Cypress Creek
Also summoned:
Joseph Ijams
Ephraim Sheffield
George G Armistead
Benjamin F Rhodes
Temple Turnley
William Herman
Those chosen: Joseph Bigger, foreman, Rhodes, Turnley, Herman, Weakley, Garner, Rea, Andrews, Morrison, Prewit, Pinkstone, House, Stewart, Philips
Casper McBride, Bailiff
Page 129
March 31, 1845
Travis Jurors for the first week at the next term of circuit court
1. Albert Staton, farmer, Waterloo
2. Sterling Philips, farmer, Cypress Creek
3. William Goode, farmer, Rodgersville
4. William H Price, farmer, Shoal Creek
5. John R Henry, farmer, Bellevue
6. Nathaniel B Sturdivant, merchant, Rodgersville
7. John S Harrison, farmer, Shoal Creek
8. William T N Smith, farmer, Rodgersville
9. Samuel Martin, farmer, Cypress
10. Pleasant M Haraway, farmer, Rodgersville
11. George W Douglass, farmer, Second Creek
12. Alexander Herman, farmer, Blue Water
13. Jonathan Paulk, Farmer, Cypress
14. John McCorkle, farmer, Cypress
15. Jessee N Gresham, farmer, Second Creek
16. Jonathan S Springer, farmer, Lexington
17. Elisha Rhodes, wagon maker, Sinking Creek
18. William Burrow, farmer, Rodgersville
19. William R McGuire, farmer, Lexington
20. James Beddingfield, farmer, Rodgersville
21. Duncan Smith, farmer, Cowpen Creek
22. Ire Arnold, farmer, Reserve
23. Philip I Iron, farmer, Reserve
24. Robert Cooper, farmer, Rodgersville
Page 135
March 31, 1845
“This day personally appeared in open court William Despres a native of France bourn within the dominion of the King of France who states that he is now about thirty eight years of age and is from the City of Paris in France and now resides in the county of Franklin in the state of Alabama, one of the united states where he follows the business of a Physician. That he landed about the 29th day of April one thousand eight hundred and forty three at the port of New Orleans in the state of Louisana. That it has ever been his determination since he landed to become a citizen of the United States and such is now his determination that he here now renounces all allegiance and fidelity to every foreign Prince Potentate King state of power whatever and more especially to the King of France and he also swears he will well and truly support the constitution of these United States of America this 31st day of March 1845.
Wm Despres
Sworn to and subscribed in open court March 31st 1845
Test. R B Baugh, Clerk
Page 141
April 1, 1845
Grand Jury Indictments
Affray, assault with intent to kill, larceny, retailing, keeping a disorderly house (William Wood, Lucy Prosser, Maria Majors, Mary Majors, Eliza Ann Prosser, Elizabeth Prosser) Bill of indictment against Phil and Ben slaves the property of Samuel
Vaughan for burglary
#721
State vs Phil and Ben
Burglary in breaking and entering the dwelling house of Gilly Loche. Trial date set
Page 144
April 3, 1845
#635
State vs James M King
Death of King suggested. Ordered that suit abate.
Page 147
April 3, 1845
“This day personally appeared in open court John Kackleman a native of the Kingdom of Bavaria aged twenty eight years and states that he has resided in the United States of America three years and for the last two years in the state and county aforesaid that he wishes to become a citizen of the United States of America and that in view of which he hereby renounces allegiances to all other states Potentates sovereign and soverneignities whatever and particularly to the King of Bavaria to whom he was heretofore a subject and that he swears to support the constitution of the said United States of America John Kackelman
Sworn to and subscribed in open court this 3rd day of April 1845
Test R B Baugh, Clerk
Several cases against Ephraim McCully for trading with a slave and retailing
Several cases of defaulting overseer of the road (James B Cobb, Jabez Cannon, Alexander D Coffee (fined one cent), John S Jackson (fined one cent), James Shelton , Brinkley Hobson, Jessee Denson, James H Rhodes, William Caulk (six and one fourth cents - fine), Joseph Weaver, James Young Jr., George W Moton
Page 161
April 4, 1845
#4508
Andrew McKinley vs The President Directors and Company of the Florence Bridge Company
Plaintiff to recover of defendant $1079.55 plus damages and costs.
Page 165
April 4, 1845
#4629
Sarah Noel vs Robert Armistead and Fanny Armistead
Damages of Noel assessed at $170.25. That amount, plus costs, to be paid by Armisteads.
Page 167
April 4, 1845
#721
State vs Phil and Ben, two slaves of Samuel Vaughan
Defendants discharged.
Page 168
April 4, 1845
#4653
Winston P Pettus vs James W Stewart, guardian of C. Cheatham
“Came the parties by their attornies and it appearing to the court that the matters of controversy did not exceed the sum of Twenty dollars the matters and things therein were therefore submitted to the court and upon proof being heard it is considered by the court that the defendant go hence and recover of the plaintiff the cost of this suit by him in this behalf expended.
Page 171
Sept 29, 1845
Summoned to Grand Jury:
1. James B Price, farmer, Sweet Water
2. John B White, farmer, Blue Water
3. John Cain, farmer 4 Mile Branch
4. Robert Kernachan, farmer, Sinking Creek
5. John Hill, farmer, Cowpen Creek
6. Andrew Blair, Stone Cutter, Florence
7. James H Witherspoon, farmer, Waterloo
8. William R Anderson, farmer, Cypress Creek
9. Henry Darby, farmer, Cypress Creek
10. Charles S Weems, farmer, Cypress Creek
11. William Erwin, farmer, Rodgersville
12. Benjamin F Rhodes, farmer, Cypress Creek
13. William Powers, farmer, Cypress Creek
14. William A Gilbert, Merchant, Rodgersville
15. George G Armistead, farmer, Reserve
Also summoned:
Robert E Carr
Richard A Wiggins
Charles Sullivan
Walter West
Joseph P Bourland
Michael Olive
Those chosen: George G Armistead, Foreman, James Price, John White, John Cain, Robert Kernachan, John Hill, Andrew Blair, William Anderson, Henry Darby, William Erwin, Benjamin Rhodes, William Powers, Walter West, Joseph Bourland, Michael Olive.
Joshua D Stamps, Bailiff
Page 172
Sept. 29, 1845
Traves Jurors for the first week
1. Carter Blanton, farmer, Brush Creek
2. Andrew McLarin, farmer, Blue Water
3. William B Nail, farmer, Cypress Creek
4. Robert Armistead, farmer, Sinking Creek
5. Samuel Vaughan, farmer, Sinking Creek
6. Jabez Cannon, farmer, Bluff Creek
7. Presley Harden, farmer, Blue Water
8. Richard A Bailey, farmer, Shoal Creek
9. Elijah James, farmer, Shoal Creek
10. Shalor I W Ives, Constable, Shoal Creek
11. George W Sheffield, farmer, Shoal Creek
12. Jonathan Douglass, farmer, Bluff Creek
13. Richard Ducket, farmer, Bluff Creek
14. Zedekiah Willet, farmer, Coxes Creek
15. John W Skipworth, farmer, Masonville
16. Jessee Denson, farmer, Coxes Creek
17. William McMurtry, Constable, Cowpen Creek
18. James Roberson, farmer, Blue Water
19. George W Morton, farmer, Rodgersville
20. Bluford T Allen, farmer, Blue Water
21. James Wilson, farmer, Waterloo
22. Andrew S Porter, Black Smith, Lexington
23. Joseph Brahan, farmer, Sweet Water
24. William J Whitehead, farmer, Blue Water
Page 174
Sept 29, 1845
No Number
Neil Rowell vs Christopher Cheatham
“Came the parties by attorney and hereby consent to a trial of this cause at the present term of this court and by consent of parties it is ordered by the court that the matters in dispute between said parties be referred to James H Weakley, George G Armistead and John McAlester with authority and power to render their award to the present term of this
court to be made the judgment thereof.
Page 175
Sept 29, 1845
#4672
Elizabeth Childress, surviving guardian of Young A Gray who sue for the use of John Lorance and John W McAllister, Executors of Thomas Childress, deceased vs James Sample
Sample made default - to pay Childress $84.00 debt plus damages and costs Also cases for debt by executors of Thomas Childress vs James Martin and Levi Casssity, and Samuel Martin and Robert S Chambers
Page 176
Sept 29, 1845
#4678
Fountain Armistead vs Emmaranda White, Administratrix of Reuben White, dec’d
White made default - to pay Armistead $199.08 debt plus $36.93 damages plus costs - to be levied and collected of the goods and chattles lands and tenements of the defendants intestate to be administered
Page 178
Sept 29, 1845
#4689
Elias Farris (Faires) vs Burrel McManus
Farris to collect debt of $75.00 plus damages and costs
Page 180
Sept 29, 1845
[No Number]
Neil Rowell vs Christopher Cheatham
“This day came the plaintiff by attorney and it being suggested to the court that the said defendant has, by the orphan’s Court of Lauderdale County Alabama, been duly declared no compos mentis and that James W Stewart was by said court duly appointed the guardian of the said Cheatham and is now acting as such it is therefore ordered by the court that said suit be defended by the said James W Stewart guardian as aforesaid, and thereupon appeared the said defendant by his said guardian by their said attorney and by consent of the parties this cause is to be tried at the present term of this court and it is agreed by the said parties that the matters in dispute in said cause be referred to the arbitrament and award of James H Weakley, George G Armistead and John W McAlister to be made during the present term of this court.
Page 183
Sept 30, 1845
Circuit Court of said county at a term of said court began and held at the court house in the Town of Florence on the first Monday after the fourth Monday in September 1845. “This day came in open court Mervyn J Warren who upon oath states that he emigrated to the United States of America from Ireland three years preceeding his arrival at twenty one years of age and that he has resided three nears next preceeding his twenty first year, and that he has resided therein up to the present period of time being more than five years and that he has resided in the state of Alabama more than one year prior hereto and that it has been his bonafide intention for three years next preceeding the present period of time to become a citizen of the United States of America, and that he doth here now renounce and abjure all allegiance to every foreign Prince Power or Potentate and particularly to Victoria Queen of the United Kingdom of England Ireland and Scotland of whose Kingdom he is a native born subject and that he will hereafter support the constitution of the United States of America and it appearing to the satisfaction of the court from the testimony adduced upon this application that the said Mervyn J Warren is a native of Ireland that he emigrated to the United States of America three years preceeding his arrival at the age of twenty one years and has resided therein five years previous to this time and has resided in the state of Alabama one year previous to this time and that it has been for three years past his bona fide intention to become a citizen of the United States of America and that during his residence in the United States he has behaved as a person of good moral character attached to the principles of the constitution of the United States of America, It is
therefore ordered by the court that the said Mervyn J Warren be admitted and he is hereby admitted and declared to be a citizen of the United States of America with all the rights privileges and immunities thereunto belonging or in any wise appertaining thereto.”
Page 186
October 1, 1845
#4706
Neil Rowell vs Christopher Cheatham
The award of James W Weakley, George G Armistead and John W McAlister - defendant is indebted to plaintiff in the sum of $3540.04.
Page 189
October 1, 1845
Grand Jury Indictments:
Perry E Brocchus - assault and battery
Neil Rowell - assault and battery
Elisha Cary - assault with intent to murder
John Glover - gaming
John Glover and William Adams - gaming
James Simpson and Thomas Sands - affray
George Spears - retailing
John Watkins and John Curtis - affray
Robert A Hunt - slave stealing
William Barkett and Mayberry White - obstructing Justice
William C Philips - assault and battery
William Adams - gaming
John Humphrey - gaming
James M Lee - Larceny
Pennington Bonds - assault and battery
Joshua Davis and Catharine Bobo - fornication
William Cochran - arson
Jonathan Beckwith - obstructing the public road
James Humphrey - assault and battery
Charles Sharp and Gus Sharp - assault and battery
Page 193
October 2, 1845
Grand Jury Indictments
Henry Donahoo Jr - assault and battery
Wilson Massingale - assault with intent to kill
Nathaniel Buckingham - assault and battery
Jeptha Bledsoe - adultery
Sarah Rose - adultery
Oliver H P Williams - defaulting overseer of the road
William Crow - assault and battery
James Simpson and David Sands - affray
Page 204
March 30, 1846
Summons for Grand Jurors:
1. Moses White, farmer, Reserve
2. Elijah G Chandler, merchant, Waterloo
3. Oliver Thompson, farmer, Sweet Water
4. Thomas G Crow, Mill right, Blue Water
5. Edmund Noel, farmer, Reserve
6. Jacob Reeder, farmer, Cypress Creek
7. Richard M Faires, farmer, Reserve
8. William C Dillahunty, farmer, Coxes Creek
9. Jonathan Jenkins, merchant, Rodgersville
10. Thomas Kirkman, merchant, Florence
11. James Hearn, merchant, Cherry Grove
12. James Whitehead, farmer, Second Creek
13. Walter West, farmer, Blue Water
14. Thomas Reynolds, farmer, Butlers Creek
15. Benjamin F Karsner, merchant, Florence
Also summoned: William Estes, John Spain, Burrel McManus, Henry Darby, Johnson Trousdale, Joseph Ijams
Final Jury: Benjamin Karsner, foreman, William Estes, Jacob Reader, Oliver Thompson, Joseph Ijams, John Spain, Moses White, Johnson Trousdale, Thomas B Crow, Edmund Noel, Henry Darby, Elijah G Chandler, Richard M Faires, Walter West, James Whitehead.
Garrick Campbell - Bailiff
Page 205
March 30, 1846
Pettit Jurors for the first week
1. John W Smith, farmer, Cypress Creek
2. William Stutts, farmer, Cowpen Creek
3. Anderson P Neeley, farmer, Rodgersville
4. Simon Kirk, farmer, Reserve
5. Benjamin F Chisholm, Constable, Blue Water
6. Henry Johnson, farmer, Anderson Creek
7. Richard D Hightower, farmer, Reserve
8. Richmond Terrell, farmer, Shoal Creek
9. John Dewberry, farmer, Cypress Creek
10. Burwell? McLemore, farmer, Rodgersville
11. Robert Dickey, carpenter, Florence
12. Joseph Hough, farmer, Shoal Creek
13. John S Watkins, farmer, Shoal Creek
14. Asey Harreld??, farmer, Blue Water
15. Samuel C Sands, farmer, Cypress Creek
16. Daniel Long, farmer, Second Creek
17. Henry D Smith, farmer, Reserve
18. John M Herston, farmer, Second Creek
19. Andrew J Grissom, farmer, Second Creek
20. William Lisles??, farmer, Cowpen Creek
21. Henry Ingram, farmer, Blue Water
22. James Wilson, farmer, Blue Water
23. James A Johnson, Gin Maker, Coxes Creek
24. Benjamin Selby, farmer, Cypress Creek
Page 207
March 30, 1846
#4682
John L Smith vs Christopher Cheatham
“Came the plaintiff by his attorney and suggest to the court the death of the defendant in this cause. It is therefore ordered by the court
that a scire facias issue to Neil Rowell, Administrator of the Estate of
the said Christopher Cheatham deceased.
Page 212
March 31, 1846
Grand Jury Indictments:
James C Allison - forgery (6 cases)
Perry E Brocchus and John M Harris - affray
Alexander Fields and Madirson J Robertson - assault and battery
William Koger - assault and battery
James Archer - larceny in dwelling house (state pen. for 3 years)
James C Atchley - assault and battery
Mitchell George - assault and battery
Page 228
April 2, 1846
#745
State vs Charles Sharp
Assault and battery, pleads not guilty, jury finds him guilty - fine of one cent plus costs
Page 234
October 5, 1846
Judge: George W Lane
Sheriff: Winston P Pettus
Summons for Grand Jurors:
1. John Spain, farmer, Butlers Creek
2. Burrell McManus, farmer, Cypress Creek
3. Bayles E Bourland, School Master, Rodgersville
4. Jessee Thomas, farmer, Shoal Creek
5. Alexander H Wood, merchant, Florence
6. Richard Beckwith, Tanner, Bluff Creek
7. Elias Faires, farmer, Cypress Creek
8. William M Trousdale, farmer, Masonville
9. Jessee M Melton, farmer, Cowpen Creek
10. Samuel H Littleton, farmer, Cypress Creek
11. James Roberson, farmer, Bluff Creek
12. Hugh Reynolds, farmer, Butlers Creek
13. George Simmons, farmer, Rodgersville
14. Mathew C Galloway, Editor, Florence
15. Thomas A Lansford, farmer, Bluff Creek
Also summoned:
Joseph Ijams
Michael Olive
John L Harrison
James Shelton
Andrew Blair
James Hendrix
Final Jury:
Bayles E Bourland, foreman, James Shelton, Andrew Blair, James M Hendrix, John Spain, Burrel McManus, Jessee Thomas, Elias Faires, William M Trousdale, Jessee M Melton, James Roberson, Hugh Reynolds, George Simmons, Matthew Gallaway, Thomas Lansford
Robert Carr - Bailiff
October 5, 1846
Petit Jurors:
1. James Jackson, farmer, Cypress Creek
2. Joseph Weaver, farmer, Rodgersville
3. James Cox, Painter, Florence
4. William Butler, farmer, Blue Water
5. Thomas J Crow, Carpenter, Florence
6. James P Oakley, farmer, Cypress Creek
7. William W Pettus, farmer, Lexington
8. John Peters, farmer, Reserve
9. Horace Somerhill, farmer, Reserve
10. Peter F Patrick, Stage Contractor, Rodgersville
11. Lewis C Moore, farmer, Shoal Creek
12. George W Ingram, Merchant, Marmion
13. George McLaren, Clerk, Florence
14. Alfred A Westmoreland, farmer, Cypress Creek
15. Thomas Barnet, farmer, Blue Water
16. Josiah B Dement, farmer, Rodgersville
17. William Price, farmer, Shoal Creek
18. John H Dunn, farmer, Cypress Creek
19. James B Hightower, farmer, Reserve
20. Thomas M Philips, farmer, Cypress Creek
21. Henry Musselman, farmer, Shoal Creek
22. William R Garner?, farmer, Second Creek
23. Champion Anderson, farmer, Sinking Creek
24. Samuel T Johnson, farmer, Reserve
Page 243
October 6, 1846
No Number
State vs Robert McCorstin
McCorstin indicted for the murder of Frederick P Nelson - pleads not guilty
Page 245
October 7, 1846
#4712
John Chisholm vs George W Sneed
Referred to Charles C Lewter, John A Smith and Samuel D Weakley for a judgment
Page 246
October 7, 1846
#4760
Sarah Dillahunty vs Nathan Boddie
Dillahunty no further wishes to prosecute this suit - she is to pay costs
Page 247
Grand Jury Indictments:
John S Kennedy - assault and battery
Branson Stutts and William Hill - affray
Lemuel Corum - assault and battery
James T Horn and Jessee Horn - assault and battery
Thomas Trusdell - assault and battery
Willis Pope Jr and Thomas J Foster - affray
Jacob Burns?? - assault and battery
John Gracy - assault and battery
Thomas Walles and Charlotte Hayworth - living in adultery
Page 248
October 9, 1846
#4643
James Kennerly and Benjamin Smith, surviving trustee etc. vs Joseph T Cook
Negroes mentioned in plaintiff’s declaration: Cato, Robert, Susan, Angelina, Kate, Pendin, Judy, Hajar, Lucy, James, Mary, Charlotte, Ellen, Paul, Sam, Joe, Thomas, William, Patty, Diana, Scylla - to be the property of the plaintiffs as surviving trustees in said marriage settlement - value of each slave set.
Page 261
March 29, 1847
Summoned to Grand Jury:
1. Philip J Iron, farmer, Bluff Creek
2. Moses Duncan, farmer, Reserve
3. Ross Houston, farmer, Bluff Creek
4. Wilson Carroll, farmer, Bluff Creek
5. William Butler, farmer, Blue Water
6. John Harkins, Merchant, Florence
7. William R Anderson, farmer, Butler Creek
8. Samuel B Hudson, Taylor (Tailor), Florence
9. Walter West, farmer, Shoal Creek
10. Carter Blanton, farmer, Waterloo
11. Joseph Hough, farmer, Shoal Creek
12. Johnson Trousdale, farmer, Blue Water
13. George W Douglass, farmer, Waterloo
14. Patrick H Hewet, farmer, Reserve
15. Michael Olive, farmer, Reserve
Also summoned:
Joseph P Bourland, Thomas A Lansford, Abner Beard
Those chosen: Philip J Iron, foreman, Joseph Bourland, Thomas Lansford, Abner Beard, Ross Houston, Wilson Carroll, John Harkins, William Anderson, Samuel Hudson, Walter West, Joseph Hough, Johnson Trousdale, Patrick H Hewet, Michael Olive
Robert E Carr, Bailiff Winston P Pettus, Sheriff
Pettit Jurors for the first week:
1. William K Whitehead, farmer, Blue Water
2. Richard D Hightower, farmer, Reserve
3. John M Harvey, farmer, Blue Water
4. George W Morton, farmer, Rodgersville
5. John W Tapp, farmer, Blue Water
6. William A Cox, Sadler, Florence
7. Jessee Koger, farmer, Reserve
8. William McMurtrie, farmer, Cowpen
9. Charles B Jones, farmer, Blue Water
10. Washington M Brandon, Overseer, Island
11. William H Key, farmer, Reserve
12. C W Knight, farmer, Blue Water
13. Benjamin Taylor, farmer, Blue Water
14. Jacob Stutts, farmer, Blue Water
15. Wilson Whitset, farmer, Brush Creek
16. Luke Harrison, farmer, Huntsville Road
17. John S? L? Kelley, farmer, Huntsville Road
18. John McCorkle, farmer, Cypress
19. Rainy Baliew, farmer, Butlers Creek
10. Littleberry Underwood, Overseer, Reserve
21. James Shelton, farmer, Forks of Cypress
22. Richard A Bailey, farmer, Huntsville Road
23. Drury Joiner, farmer, Blue Water
24. George S? L? Newton, farmer, Second Creek