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    2021 by County Coordinator Patricia Bryant Hartley.

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      Circuit Court Records

      1843 - 1850

      Pages 266 - 473

      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 266


      March 29, 1847
      [No Case Number]
      State vs Robert McCorstin


      Trial date set - murder

      ​

      Page 266


      March 29, 1847
      Grand Jury Indictments:


      Lewis Hill- assault with intent to murder William B Nail
      Lewis Hill for assault and battery

      ​

      Page 267


      March 30, 1847


      “This day came in open court James A Macauley who upon oath states that he emigrated to the United States of America from Edingburg Scotland three years preceeding his arrival at twenty one years of age and that he resided therein three years next preceeding his twenty first year and that he hath 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 five years prior hereto and that it has been his bona fide intention for the three years next preceeding the present period of time to become a citizen of the United States and that he 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 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 Macauley is a native of Scotland and that he emigrated to the United States of America three years preceeding his 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 five years previous to this time and that it has been for three years past bona fide his 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, It is therefore ordered by the Court that the said James A Macauley be admitted and he is hereby declared to be a citizen of the United States of America with all the rights privileges and ammunities thereunto belonging.”

      ​

      Page 267


      March 30, 1847
      John Kackleman
      Expartee


      “This day came John Kackleman in open court and produced to the court here a certificate of the Clerk of this Honorable Court of his intention to become a citizen of the United States and to renounce and abjure all allegiance and fidelity to every foreign prince power or potentate and particularly to the King of Bavaria of whoom he was a native born subject which declaration of his intention as aforesaid was filed in the Hon the Circuit Court of Lauderdale County on the first Monday after the fourth Monday in March 1845 and it appearing to the satisfaction of the court that the said John Kackleman has resided in the United States at least five years previous hereto and within the State of Alabama at least three years previous to this time 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 John Kackleman this day in open court after having been duly sworn declared that he will support the Constitution of the 
      United States of America and that he doth absolutely and entirely renounce and abjure all allegiance and fidelity to every foreign Prince Power or Potentate and particularly to the King of Bavaria to whom he was lately a subject. It is therefore ordered by the court that the said John Kackleman be admitted and he is hereby declared to be a citizen of the United States of America with all the rights privileges and ammunities thereunto belonging.”

      ​

      Page 268


      March 30, 1847
      Grand Jury Indictments:


      David Freidman - transcient merchant
      Pleasant Wright - selling slave without a license

      ​

      Page 269


      April 2, 1847
      [No Case Number]
      State vs Robert McCorstin


      McCorstin asked for a change of venue - trial to be moved to Franklin County in the Town of Russellville

      ​

      Page 269


      April 2, 1847
      Grand Jury Indictments:


      Robert Kernachan Jr and William H Key - Affray
      Henderson Richards and James Lay - Affray
      Henderson Richards - Assault and battery
      Alexander Simmons - Retailing
      Marshall Johnson - Retailing
      John Rawson - Assault and battery
      Ransom Prince, Jonathan Hindman, Martindale Hindman, John Hopkins and Martin Hopkins - Riot

      ​

      Page 270


      April 2, 1847


      “Circuit Court, March Term 1847 Robert Warren of the County aforesaid this day appeared in open court here and being duly sworn on his solemn oath declared that he was born in the County of Moath (Meath?) Ireland of the United Kingdom of Great Brittain and Ireland, that he came to the United States of America in the Year of (our) Lord 1845 and has resided in said United States since that time and in the County of Lauderdale aforesaid the whole time, that it is bona fide his intention to become a citizen of the United States aforesaid and to renounce forever all allegiance and fidelity to any 
      foreign prince, potentate state or sovreignity whatever and more particularly to Victoria Queen and reigning Sovereign of the United Kingdom of Great Brittain and Ireland.
      Robt. Warren
      Sworn to and subscribed in open court April 1st 1847 Test. R. B. Baugh, Clerk”

      ​

      Page 274


      April 3, 1847
      #734
      State vs Mayberry White


      Found not guilty of o obstructing public justice

      ​

      Page 279


      April 3, 1847
      [No Case Number]
      State vs Robert McCorstin


      John McCorstin, Peter F Patrick, Edmund Brown, John M C Hooks, James Hurt, Samuel Brooks, James Letsinger, Levi Todd, John A Engle, Isaac Price, Winston P Pettus, Madison J Brayton, Garrick Campbell and Jesse Horne each gave bond of $100.00 each for Robert McCorstin - indicted for murder of Frederick P Nelson.

      ​

      Page 284


      October 4, 1847
      Summoned for Grand Jury:


      1. Thomas Burnsides, Merchant, Florence
      2. Samuel Vaughan, Farmer, Reserve
      3. Neander H Rice, Merchant, Florence
      4. John B White, farmer, Blue Water
      5. George Roach, farmer, Cypress
      6. Thomas Reynolds, farmer, Butlers Creek
      7. John Williams, farmer, Blue Water
      8. Charles Gookin, Merchant, Florence
      9. James Douglass, farmer, Blue Water
      10. Elijah Fowler, farmer, Cypress
      11. William Herman, farmer, Huntsville Road
      12. Charles Beddingfeild, farmer, Rodgersville
      13. John C Fuqua, farmer, Rodgersville
      14. Martin B Wood, farmer, Military Road
      15. Henry D Allen, farmer, Lexington
      Those chosen: Neander Rice, Samuel Vaughn, John White, George Roach, Thomas Reynolds, John Williams, Charles Gookin, James Douglass, Elijah Fowler, William Herman, Charles Beddingfield, John Fuqua, Martin B Wood
      Robert E Carr - Bailiff

      ​

      Page 285


      October 4, 1847
      Pettit Jurors for first week


      1. John A Portlock, Black smith, Florence
      2. William A Gilbert, Merchant, Rodgersville
      3. Henry Richardson, farmer, Blue Water
      4. Lewis E Powers, farmer, Sinking Creek
      5. Charles W Haraway, Constable, Rodgersville
      6. William W Pettus, farmer, Lexington
      7. James T Atchley, farmer, Rodgersville
      8. George W Sheffield, farmer, Huntsville Road
      9. George N Haraway, farmer, Rodgersville
      10. Duncan Stewart Jr., farmer, Blue Water
      11. Abner Beard, farmer, Cypress, 12. Thomas Brown, farmer, Bluff Creek
      13. John H Reeder, farmer, Shoal Creek
      14. William Oliver, Clerk, Rodgersville
      15. Daniel Cannon, farmer, Bluff Creek
      16. William E Farmer, farmer, Reserve
      17. Burgess White, farmer, Blue Water
      18. William C Philips, Merchant, Blue Water
      19. William C Dillahunty, farmer, Cowpen Creek
      20. John N Springer, farmer, Lexington
      21. Edwin B Westmoreland, farmer, Lexington
      22. John M Davis, Merchant, Lexington
      23. James Ham, Merchant, Cowpen Creek
      24. William McClanahan, farmer, Blue Water

      ​

      Page 288


      October 5, 1847


      Grand Jurors Charles Gookin and George Roach dismissed because of sickness. Others drawn: George G Armistead, Thomas M Phillips, Alfred A Westmoreland and William K Whitehead

      ​

      Page 290


      October 5, 1847
      #4482
      William Koger, Administrator, Martha Koger, Administratrix of Jesse Westmoreland deceased vs Johnson Trousdale


      Detention of negroes: Joshua, Wyat, Harriet, Benjamin, Mary Ann, Leticid

      ​

      Page 293


      October 7, 1847
      Grand Jury Indictments:

       

      Neander H Rice, foreman of Grand Jury

      ​

      Page 295


      October 8, 1847
      Grand Jury Indictments:


      John Henry Smith - carrying concealed weapons
      Newton Jordan and Archer J Wood - selling slave without a license
      Elijah Biffle - selling slave without a license
      Robert Carson - selling slave without a license

      ​

      Page 295


      October 8, 1847
      #4431
      Hervey Dillahunty vs Thomas Kirkman and Robert Andrews


      Jury found for the plaintiff - damages of $4,000.00 plus costs

      ​

      Page 297


      October 9, 1847
      #781
      State vs Lewis Hill


      Charge of assault with intent to murder - jury found him guilty - fine of one cent.

      ​

      Page 307


      October 11, 1847
      #4803
      Thomas A Lansford vs Fanny Armistead


      Suit dismissed

      ​

      Page 308


      April 3, 1848
      Summoned to Grand Jury:


      1. Benjamin F Karsner, Merchant, Florence
      2. George Roach, farmer, Cypress
      3. John M Davis, Merchant, Lexington
      4. George M Ingram, Merchant, Marmion
      5. Nicholas Wright, farmer, Blue Water
      6. John Peters, farmer, Reserve
      7. Aristides E Jackson, farmer, Blue Water
      8. Champion Anderson, farmer, Reserve
      9. James A Johnson, Machinist, Coxes Creek
      10. William R Anderson, farmer, Butlers Creek
      11. Baylis E Bourland, Justice of Peace, Rodgersville
      12. Sterling A Nance, farmer, Rodgersville
      13. James Wilson, farmer, Brush Creek
      14. Jessee Melton, farmer, Cowpen
      15. Elijah G Chandler, Merchant, Waterloo


      Also summoned: Philomon Gresham, Jacob D Casey, James Waits, John C McMahan, Henry Ingram, Jabex Beard.
      Final Jury: James A Johnson, foreman, Philomon Gresham, Jacob Casey, James Waits, Benjamin Karsner, George Roach, John Peters, Jesse Melton, William Anderson, Champion Anderson, Elijah Chandler, George Ingram, Aristides Jackson, Baylis Bourland, James Wilson
      Robert E Carr - Bailiff

      ​

      Page 309


      April 3, 1848
      Pettit Jurors for the first week


      1. David Baliew, farmer, Cypress
      2. Mark Richardson, farmer, Blue Water
      3. William Rhodes, farmer, Cypress
      4. James Lamb, farmer, Waterloo
      5. William Cox, farmer, Cypress
      6. James Key, farmer, Reserve
      7. David J Cannon, farmer, Rodgersville
      8. Samuel D Weakley, Surveyor, Florence
      9. James W Stewart, Taylor (Tailor), Florence
      10. Joseph Brahan, farmer, Sweet Water
      11. Charles W Haraway, Constable, Rodgersville
      12. William Koger, farmer, Reserve
      13. Moses White, farmer, Reserve
      14. James Cox, Painter, Florence
      15. Henry Ingram, farmer, Blue Water
      16. David Gresham, farmer, Cypress
      17. Robert B McKnight, farmer, Cypress
      18. James Wright, Cabinet Maker, Coxes Creek
      19. William H Crittenten, farmer, Huntsville Road
      20. Alexander D Coffee, farmer, Reserve
      21. Henry D Smith, farmer, Reserve
      22. John M Herston, farmer, Blue Water
      23. John W Briggs, Merchant, Lexington
      24. Thomas Deavenport, Wagon Maker, Rodgersville

      ​

      Page 310


      April 3, 1848
      #4831
      The President Directors and Company of the Union Bank of the State of Tennessee vs Robert Armistead


      Armistead to pay debt of $2378.50 plus damages and costs


      #4836
      Same plaintiff against George G Armistead - $2378.50 plus damages and costs

      ​

      Page 314


      April 3, 1848
      #4839
      John McKinley vs Jonathan Beckwith


      Beckwith to pay $149.72 plus costs

      ​

      Page 315


      April 3, 1848
      #4840
      Levi Todd vs James D Callicot


      Suit dismissed - Todd to pay costs

      ​

      Page 315


      April 3, 1848
      #4844
      John L Weaver vs John Murphy


      Award of Sterling A M Wood, Benjamin F Karsner and Abram Dean, referees in cause: ... controversy between John S Weaver and John Murphy arising out of the demand of said Weaver upon the said Murphy for one years rent of the tenement in the Town of Florence known as the Florence Punch House - from 11/1846 to 11/1847

      ​

      Page 316


      April 3, 1848
      William Desprey
      Expartee


      “This day came William Desprey in open court and produced to the court here a certificate from the Clerk of this Honorable Court of his intention to become a citizen of the United States of America and to renounce and abjure al allegiance to every foreighn Prince power and potentate and particularly to the King of France of whoom he was a subject which said declarations of his intentions as aforesaid was filed int he Honorable the Circuit Court of Lauderdale County Alabama on the first Monday after the fourth Monday in March 1845 and it appearing to the satisfaction of the court that the said William Desprey 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 William Desprey having this day in open court after having been duly sworn declared that he will support the Constitution of the United States and of the State of Alabama 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 the King of France of whom he was lately a subject whereupon the said William Desprey is hereby declared entitled to the rights, and is henceforth to be regarded as a citizen of the United States of America.”

      ​

      Page 317


      April 3, 1848
      #4822
      John C Spotswood vs James W P Moyler and Thomas Brandon


      Death of Moyler suggested. Plaintiff to recover of Brandon $75.00 plus damages and costs.

      ​

      Page 319


      April 5, 1848
      #4850
      William H Hays vs Elijah Smith


      Smith owed Hays $5.00 plus interest and costs. “For want of personal property” his land was to be sold in order to satisfy the debt - E/2 of NE/4 S17 T2 R9.


      #4851
      Alexander H Wood vs Elijah Smith


      Smith owed Wood $10.92 plus interest and costs. Debt to be paid from sale of same lands as above.

      ​

      Page 321


      April 5, 1848
      Simpson McAlester & Co vs Horatio H Brayton


      Brayton agreed to sell NE/4 of S25 T2 R11. “The said tract of land is encumbered by the legal claim of the heirs at law of Joseph McDonald deceased and of Felix McDonald deceased to whoom the said tract of land was bequeathed by the will of William McDonald deceased the father of the said Joseph and Felix.” ...

      ​

      Page 332


      April 6, 1848
      #4853
      Elijah Fowler vs Samuel Fowler


      Execution against defendant and in favor of plaintiff on 25 February 1848 for $26.67. Property levied on: NE/4 of NW/4 of S14 T2 R13

      ​

      Page 341


      April 8, 1848


      “This indenture made and entered into this 12th day of November 1847 by and between Benjamin F Rhodes of the county and state aforesaid of the one part and Henry J Davis of the County of Washita and State of Arkansas of the other part witnesseth, That the said Benjamin F Rhodes for and in consideration of the natural love and affection which he bears to his mother in law Nancy Davis the wife of Thomas C Davis as well as for the sum of ten dollars to him in hand paid by the said Henry J Davis the receipt of which is hereby acknowledged, and the said Henry J Davis released and discharged from the same hath given granted ? and confirmed and by these presents doth give grant ? release and confirm unto the said Henry J Davis his executors or administrators a negro girl named Laurinda aged about sixteen years and slave for life. ... together with her increase, if any ... to the sole and seperate use and benefit of the aforesaid Nancy Davis for and during the term of her natural life free and exempt from the debts or control liabilities or engagements of her present or any future husband she may have and upon her death then upon trust to return the said negro girl Laurinda and her increase if any to the said Benjamin F Rhodes provided he be then living and in case he should be dead, the said negro girl Laurinda and her increase shall be returned to Lucinda H Rhodes the wife of the said Benjamin F Rhodes but should boath the said Benjamin F and the said Lucinda H die leaving the said Nancy Davis then surviving, then the said Henry J Davis shall pay and divide the said negro girl Laurinda nd her increase if any to and among all and every the child or children of the said Benjamin F and the said Lucinda H that may be living at the death of the said Nancy Davis share and share alike. ...

      ​

      Page 343


      October 2, 1848
      Summons for Grand Jurors:


      1. Ross Houston, Jr, farmer, Reserve
      2. Henry C Moses, Shoe Maker, Florence
      3. Asa Harrell, farmer, Blue Water
      4. James P Oakley, Overseer, Reserve
      5. Daniel Harmon, Carriage Maker, Florence
      6. Bryant Dean, farmer, Blue Water
      7. Charles C Lewter, farmer, Sweet Water
      8. Levi Cassity, Carpenter, Cypress
      9. William Butler, farmer, Blue Water
      10. Washington A Gilbert, Merchant, Rodgersville
      11. Abram Dean, Merchant, Florence
      12. Richard M Faires, farmer, Reserve
      13. John Cooper, farmer, Rodgersville
      14. James H Witherspoon, farmer, Waterloo
      15. John McCorkle, farmer, Cypress

      ​

      Page 344 


      October 2, 1848
      Pettit Jurors for first week:


      1. John Harvey, farmer, Blue Water
      2. John A Portlock, Black Smith, Florence
      3. John R Henry, farmer, Shoal Creek
      4. William G Fuqua, farmer, Rodgersville
      5. John Rhodes, farmer, Cypress
      6. Lewis C Moore, farmer, Cypress
      7. Bluford T Allen, farmer, Blue Water
      8. John S Simpson, farmer, 1st Creek
      9. John W. McAlister, Merchant, Florence
      10. James B Price, farmer, Sweet Water
      11. Edwin Winbourne, farmer, Bluff Creek
      12. William Rhodes, farmer, Cypress
      13. Chapman S Hough, farmer, Shoal Creek
      14. James Jackson, farmer, Cypress
      15. David F Garnett, farmer, Reserve
      16. George J Cox, Merchant, Lexington
      17. Anthony B Thomas, farmer, Reserve
      18. William Sholar, farmer, 1st Creek
      19. William Herman, farmer, Shoal Creek
      20. Mur l Askew, farmer, Shoal Creek
      21. Jacob D Casey, farmer, Cypress
      22. Robert J McLemore, farmer, Rodgersville
      23. John S Jackson, farmer, Blue Water
      24. William R Porter, Clerk, Lexington

      ​

      Page 359


      October 4, 1848
      Grand Jury Indictments:


      Polly Alexander, Maria Cox, Mary Alexander and Ellen Smith - keeping a disorderly house

      ​

      Page 361


      October 5, 1848
      Grand Jury Indictments:


      Matilda Bedford for failing to provide and furnish her slaves with a sufficiency of healthy and substantial food and necessary clothing.
      Edmund Winniner for living in adultery with Emaline O’Hare
      Jonathan Bailey - keeping a regular boarding house without license
      Peter F Partrick for keeping a tavern without license
      James Freeman - assault with intent to murder Silas Hunt

       

      Page 372


      October 6, 1848
      #818
      State vs Richard M Beckwith


      Assault and battery - pleads not guilty. Jury finds him guilty - fine of $19.00 - Benjamin F Rhodes was his security.

      ​

      Page 374


      October 6, 1848
      #806
      State vs Newton Jourdan


      Selling slave without a license - fine of $300.00. His securities were James Jackson and Winston P Pettus.

      ​

      Page 375


      #840
      State vs Peter F Partrick


      Keeping tavern without license - fine of $15.00


      #841
      State vs Jonathan Bailey


      Keeping a regular boarding house without a license - fine of $10.00


      #835
      State vs James Freeman


      Retailing


      #836
      State vs James Freeman


      Assault with intent to kill and murder Silus Hunt

      ​

      Page 380


      April 2, 1849
      Summons for Grand Jurors:


      1. Thomas Barnett, farmer, Cypress Creek
      2. John Burrow, farmer, Blue Water
      3. Robert McClanahan, farmer, Reserve
      4. Elisha Rhodes, farmer, Reserve
      5. Wyatt Collier, farmer, Reserve
      6. Burrel McManus, farmer, Cypress
      7. Jesse Pratt, farmer, Anderson Creek
      8. John A Engle, Tailor, Florence
      9. Moses Wright, farmer, Brush Creek
      10. Baylor B Barker, Merchant, Florence
      11. Henry Darby, farmer, Cypress
      12. Anderson P Neeley, farmer, Rodgersville
      13. James Martin, Factor, Factory
      14. Robert C Haraway, farmer, Rodgersville
      15. Edwin B Westmoreland, Merchant, Lexington


      Others summoned:
      Lemuel Corum, Samuel Martin, Nathan Boddie, Benjamin F Rhodes, Philoman Gresham, William Sinclair, William K Whitehead, Alfred A Westmoreland, Joseph Ijams and Charles C Lewter
      Final Jury:
      James Martin, Foreman, William Whitehead, Alfred Westmoreland, William Sinclair, Joseph Ijames, Charles C Lewter, Thomas Barnett, Robert Kernachan, Wyatt Collier, John Engle, Moses Wright, Baylor Barker, Anderson Neeley, Robert Haraway and Henry Darby

      ​

      Page 381


      April 2, 1849
      Pettit Jurors for first week:


      1. John Harkins, Merchant, Florence
      2. Jesse Denson, farmer, Shoal Creek
      3. John Dewberry, farmer, Cypress
      4. Jesse Thomas, farmer, Cypress
      5. Elijah Fowler, farmer, Cypress
      6. William R Garner, Man Bone Creek
      7. Claibourn W Wesson, farmer, Coxes Creek
      8. John M Simmons, farmer, Reserve
      9. Samuel M Hyde, Tailor, Florence
      10. Thompson Jackson, farmer, Blue Water
      11. Joseph Weaver, farmer, Rodgersville
      12. George N Haraway, farmer, Rodgersville
      13. William Powers, farmer, Cypress
      14. Thomas H Reynolds, Grocer, Butlers Creek
      15. William C Phillips, Merchant, Crittendens Store
      16. Thomas McCorkle, Merchant, Waterloo
      17. Samuel Sandman?, farmer, Rodgersville
      18. Daniel G Nance, farmer, Rodgersville
      19. Benjamin Taylor, farmer, Blue Water
      20. Charles Gookin, Merchant, Florence
      21. John H Trusdell, farmer, Shoal Creek
      22. John A Branch, farmer, Reserve
      23. Samuel B Hammons, farmer, Lexington
      24. Wilson Whitsett, farmer, Second Creek

      ​

      Page 387


      April 2, 1849
      #4912
      Kirkman and Rice Surviving Partners of Kirkman Andrews & Co. vs William Lovelace


      Debt - case dismissed - plaintiffs to pay costs

      ​

      Page 394


      April 4, 1849
      Grand Jury Indictments:


      Faithy a slave - arson
      Ben a slave - arson
      Trading with slaves, Gaming, retailing, keeping a disorderly house, assault and battery, affray

      ​

      Page 396


      April 5, 1849
      #713
      State vs Washington a slave

       

      Burglary - Nol prosequi - defendant discharged

      ​

      Page 398


      April 5, 1849
      #4802
      John Jones vs Henry D Mason and James Caruthers, Executors of the last will and testament of Henry Smith, deceased


      Plaintiff to recover $2075.00
      (Page 408 - Defendants ask for a new trial - motion overruled)

      ​

      Page 403


      April 6, 1849
      #835
      James Freeman - Nol prosequi


      #836
      James Freeman - Nol prosequi


      #844
      Matilda Bedford - Nol prosequi

      ​

      Page 414


      State vs Ben a Slave


      Ben a Slave the property of Samuel Vaughan charged in a bill of indictment for setting fire to the smoke house of Stanton Flint - pleads not guilty. Found not guilty by jury.

      ​

      Page 417


      October 3, 1849
      Summoned to Grand Jury:


      1. Daniel G Nance, farmer, Rodgersville
      2. James P. Oakley, farmer, Cypress
      3. John N Springer, farmer, Lexington
      4. Smith Harvey, farmer, 1st Creek
      5. Walter West, farmer, Springfield
      6. Zebulon P Morrison, Cabinet Maker, Florence
      7. James Martin, Factor, Cypress
      8. Martin Harkins, Merchant, Florence
      9. Henry Musselman, farmer, Shoal Creek
      10. Andrew Blair, Brick Layer, Florence
      11. Alfred A Westmoreland, Merchant, Cypress
      12. Samuel Vaughan, farmer, Reserve
      13. John Killen, farmer, Blue Water
      14. Thomas J Crow Jr., Carpenter, Florence
      15. Robert J McLemore, farmer, Rodgersville


      Also summoned:
      William H Key
      William H Hays
      John B Boggs
      Alexander D Coffee
      Hugh Simpson
      Robert Kernachan Jr.
      Garick Campbell
      Neander H Rice
      Josiah Pollock
      Edmond Brown
      Deavenport Latham
      Benjamin F Karsner
      John J Craig
      John T Burtwell
      Pleasant A O Hankins
      John W McAlester
      Winston P Pettus
      Benjamin F Rhodes
      Dr. James W Stewart
      Jessee Carroll
      William H Crittenden
      Marshall Clarke

       

      Names drawn to complete pannel:
      Alexander D Coffee
      Marshall Clarke
      Josiah Pollock
      Pleasant A O Hankins
      Edmund Brown
      Robert Kernachan, Jr.
      Dr. James W Stewart
      Hugh Simpson
      Garrick Campbell
      Deavenport Latham
      Winston P Pettus

       

      Those summoned and drawn under the order of the Court from the bye standers to wit:
      Garrick Campbell, Foreman, Alexander D Coffee, Marshall Clarke, Josiah Pollock, Pleasant A O Hankins, Edmund Brown, Robert Kernachan, Jr., Dr. James W Stewart, Hugh Simpson, Deavenport Latham, Winston P Pettus, Andrew Blair, Martin Harkins, Thomas J Crow Jr., and Zebulon P Morrison
      Robert E Carr - Bailiff

      ​

      Page 418


      October 3, 1849
      Pettit Jurors summoned:


      1. Joseph K Munn, Gin Maker, Cypress
      2. Sylvanus Terrell, farmer, Indian Camp
      3. Jessee A Oakley, farmer, Cypress
      4. John Richardson, farmer, Shoal Creek
      5. Elias Thrasher, Carpenter, Florence
      6. Daniel W Long, farmer, Waterloo
      7. George Looney, farmer, Mill Creek
      8. George W Foster, farmer, Florence
      9. James Roberson, farmer, Blue Water
      10. Richard D Hightower, farmer, Reserve
      11. Augustus F Harwell, farmer, Cypress
      12. Alexander D Coffee, farmer, Reserve
      13. Benjamin Taylor, farmer, Blue Water
      14. William White, farmer, Cypress
      15. Toliver S Chisholm, farmer, Cypress
      16. Andrew S Porter, Clerk, Rodgersville
      17. Shadrach E Cross, farmer, Shoal Creek
      18. John S Wilson, farmer, Military Road
      19. Levi Darby, farmer, Cypress
      20. Paisley W Harden, farmer, Blue Water
      21. John T Callahan, farmer, Lexington
      22. Jessee Koger, farmer, Reserve
      23. George G Armistead, farmer, Reserve
      24. Elijah Fowler, farmer, Cypress

      ​

      Page 428


      October 3, 1849
      #4997
      John Simpson & Co vs Edward A O’Neal and Basil W O’Neal


      Plaintiffs to recover $520.85 plus damages and costs


      #4999
      McDowell and Levert vs Edward A O’Neal


      Plaintiffs to recover $667.52 plus damages and costs


      #5000
      McDowell and Levert vs Rebecca O’Neal


      “Elias Thrasher and eleven others who being elected empannelled tried and sworn well and truly to assess the plaintiffs damages in this cause upon their oaths do say we the jury do find and assess the plaintiffs damages to the sum of $667.52” plus costs.


      #5001
      McDowell and Levert vs Basil W O’Neal


      Damages of $667.52 plus costs

      ​

      Page 435

      ​

      October 9, 1849
      “On motion of Hervey Dillahunty a deed purporting to have been executed by Caty Blankenship on the 10th day of September 1849 conveying a negro girl named Mary Ann aged about ten years to Winston P Pettus for the sole and seperate use and benefit of Polly Ann Hankins the wife of Pleasant A O Hankins for and during the term of her natural life and at her death to convey assign pay over and distribute the said negro girl Mary Ann and her increase if any to and among the children of the said Polly Ann Hankins that may be then living and for other purposes mentioned in said deed was offered for acknowlegement and proof in this court and personally appeared in open Court Winston P Pettus and 
      acknowledged that he signed and sealed said deed on the day of its date and for the purposes therein contained, and also personally came in open Court Walter Glenn Junior one of the subscribing witnesses to said deed, and being duly sworn says that he saw the said Caty Blankenship the grantor in said deed, sign seal and deliver the same to the said Winston P Pettus on the day of the date of said deed. It is therefore ordered by the Court that the Clerk of said Court do enter his attestation of the acknowledgement and proof of said deed on the back thereof which was done accordingly.”

      ​

      Page 436


      October 10, 1849
      Grand Jury Indictments:


      Hezekiah Pratt - Horse stealing
      Thomas W Bradford, William Bradford and Thomas D Martin - gaming
      Johnson Croney - retailing spirituous liquors without a license
      Thomas B Bradford - retailing
      Charles Cox - assault and battery
      Robert A King - assault and battery
      George W Green - assault and battery
      John McCartney - assault with intent to murder

      ​

      Page 437


      George W Green - assault with a gun
      William J Spradling and Ura Spradling - gaming
      Ura Spradling and Burrel Briggs - gaming
      Napolean B Donaldson - trading with a slave
      Thomas J Mitchell - assault and battery
      William J Spradling and James Thomas - entering into a conspiracy to break and enter the store house of Nathaniel B Sturdivant

       

      Page 439


      October 12, 1849
      #865
      State vs Hezekiah Pratt


      Horse stealing - pleads guilty - to be imprisoned in state Penitentiary for three years and pay costs


      #880
      State vs William J Spradling and James Thomas


      Conspiring to break and enter the Store House of Nathaniel B Sturdivant. Found guilty - fine of one thousand dollars each, plus costs. “It is further ordered by the court that said defendants be imprisoned in the County jail of Lauderdale County for the space of six months from this day.”

      ​

      Page 442


      October 12, 1849


      “Circuit Court September Term 1849 William Patton of the County aforesaid this day appeared in open Court here and being duly sworn on his solemn oath declares that he was born in the County of Antrim of the United Kingdom of Great Brittain and Ireland that he came to the United States of America in the year of our Lord 1846 and hs resided in said United States since that time and the County of Lauderdale aforesaid the whole time. That it is bona fide his intention to become a citizen of the United States aforesaid and to renounce forever all allegiance and fidelity to any foreign prince potentate State or Sovreignity whatever and more particularly to Victoria Queen and Reigning Sovreign of the United Kingdom of Great Brittain and Ireland
      William Patton
      Sworn to and subscribed in open Court October 12th 1849
      Test R B Baugh, Clerk

      ​

      Page 443


      April 1, 1850
      Summoned to Grand Jury:


      1. Benjamin F Rhodes, farmer, Cypress
      2. Charles W Haraway, farmer, Rodgersville
      3. William Powers, farmer, Cypress
      4. Baylor B Barker, Merchant, Florence
      5 John Wilkerson, farmer, Coxes Creek
      6. John D Wade, farmer, Cypress
      7. James W Stewart, Tailor, Florence
      8. John McCorkle, farmer, Cypress
      9. David Gresham, farmer, Coxes Creek
      10. John Duberry, farmer, Cypress
      11. John Cooper, farmer, Rodgersville
      12. Wyatt Collier, farmer, Reserve
      13. John C Fuqua, farmer, Rodgersville
      14. Champion Anderson, farmer, Reserve
      15. William Herman, farmer, Blue Water
      John Cooper, Foreman
      Robert McClanahan, Bailiff

      ​

      Page 444


      April 1, 1850
      #4824
      Hardy Hightower Admr of Samuel W Probasco, dec’d vs Nathaniel H Marks


      Covenant
      “Came the plaintiff by his attorney and suggest to the Court that the defendants death had been previously suggested to this Court and that there is no administrator. It is therefore ordered by the Court that this said suit abate.

      ​

      Page 448


      April 1, 1850
      #5017
      Queen Hayden & Co vs Samuel Tilman and Edward A O’Neal


      “Came the parties by their attornies and the defendants saying nothing in bar or preclusion of the plaintiffs action against them the same remains wholly undefended. It is therefore considered by the Court that the plaintiffs do recover of the defendants the sum of $686.57 the debt in the plaintiffs declaration mentioned together with the further sum of 
      $62.50 the damages sustained by plaintiffs by reason of the detention of said debt also the costs of this said suit in this behalf expended.”

      ​

      Page 450


      April 1, 1850
      #5043
      Lucy A Fontaine vs George G Armistead


      Plaintiff to recover of Armistead $600.00 debt with $555.48 damages and costs.

      ​

      Page 451


      April 1, 1850
      #5048
      John T Burtwell vs Horace Summerhill and William Beckwith


      Suit dismissed as to Horace Summerhill. William Beckwith to pay $127.50 plus costs.

      ​

      Page 453


      April 1, 1850
      Pettit Jurors for first week:


      1. Burrel McManus, farmer, Cypress
      2. Robert C Bumpass, Grocer, Cypress
      3. Isaac Hunt, Constable, Shoal Creek
      4. John M Herston, farmer, 2nd Creek
      5. William G Fuqua, farmer, Rodgersville
      6. John A Smith, Merchant, Florence
      7. Gholson Bathes??, Carpenter, Florence
      8. William C Dillahunty, farmer, Coxes Creek
      19. Alexander M Hannay, Tailor, Florence
      10. John B Boggs, Merchant, Florence
      11. Winston P Pettus, farmer, Florence
      12. Andrew Jackson, farmer, Florence
      13. Daniel W Haraway, farmer, Lambs Ferry
      14. Alexander Simmons, Grocer, Waterloo
      15. John M C Hooks, Carpenter, Florence
      16. Robert Kernachan, farmer, Reserve
      17. Benjamin F Chisholm, farmer, Blue Water
      18. Henry Ingram, farmer, Blue Water
      19. Peter F Archer, farmer, Reserve
      20. James Humphrey, farmer, Waterloo
      21. William Carroll, farmer, Bluff Creek
      22. Henry Darby, farmer, Cypress
      23. Joseph Brahan, farmer, Sweet Water
      24. Henry D Smith, farmer, Reserve

      ​

      Page 454


      April 1, 1850
      “Circuit Court March Term 1850
      Alexander M Hannay of the County aforesaid in open Court here and beingdul y sworn on his solemn oath declares that he was born in the County of Wightown Scotland of the United Kingdom of Great Britain and Ireland that he came to the United States of America in the year of our Lord 1842 and has resided in the United States since that time and in the 
      County of Lauderdale aforesaid for three years that it is bona fide his intention to become a citizen of the United States aforesaid and to renounce forever all allegiance and fidelity to any foreign Prince Potentate State or Sovereignity whatever and more particularly to Victoria Queen and reigning Sovereign of the United Kingdom of Great Britain and Ireland
      A. M. Hannay
      Sworn to and subscribed in open Court April 1, 1850
      Test R B Baugh, Clerk

      ​

      Page 454


      April 1, 1850
      “To the Hon. Sidney C Posey Judge of the 4th Judicial Circuit of the State of Alabama at Florence for the County of Lauderdale in said state, Your petitioner Joseph Dusole respectfully represents unto your Honor that he was born in the Kingdom of Bavaria in Germany and resided there until he arrived to the age of twenty eight years when he came to the 
      United States of America having landed in the City of New Orleans in the year 1846. He further represents unto your Honor that he is a free white person aged thirty one years and that it is bona fide his intention to become a citizen of the United States, and to renounce forever all allegiance and fidelity to any foreign prince potentate State or Sovreignity whatever and he doth hereby renounce all allegiance and fidelity to the Kingdom or State of Bavaria and the ruling Prince or Supreme head thereof.
      Joseph Dusole
      Sworn to and subscribed in open Court this 1st day of April 1850
      Test R B Baugh, Clerk

      ​

      Page 455


      April 2, 1850
      Grand Jury Indictments:


      James M Sutherlin - manslaughter
      Newton a Slave - murder
      James J Kirkman - assault and battery
      Edward Summerhill, William M Jackson and Alexander Jackson - affray
      James Sharp - assault and battery
      Hugh Cooper - assault and battery
      James Ham - retailing spirituous liquors without a license
      Alexander Simmons and David Adams - retailing ...
      William Butler and Claibourn Coffee - affray
      John Shubert, Jeremiah Henson and Ransom Shubert - affray
      William Wilson and James Allen - affray
      Calvin C Holden and Joseph M Holden - assault and battery
      Alexander Simmons and David Adams - keeping ten pin alley without license
      John Turpin and Henderson Bozwell - affray
      Edward Summerhill - assault and battery

      ​

      Page 461


      April 4, 1850
      #894
      State vs Pleasant a Slave


      Murder - Charles Hardy being solemnly called to come into Court as he was this day bound to do and give evidence in behalf of the State of Alabama and against the defendant charged in a bill of indictment against him for the murder of one William Copeland came not but made default. Hardy to forfeit bond of $100.00


      #894
      State vs Pleasant a Slave


      “Came Joseph Aldridge and acknowledged himself to owe and be indebted to Henry W Collier Governor of the State of Alabama and his successors in office in the sum of $100.00 to be levied and collected of his goods and chattels lands and tenements respectively but to be void if the said Joseph Aldridge shall bring with him to the next term of this court his 
      negro man Adam to give evidence in behalf of the State of Alabama and against the defendant charged in a bill of indictment against him for the murder of one William Copeland.”

      ​

      Page 462


      April 4, 1850
      #880
      State vs James M Sutherlin


      Manslaughter

      ​

      Page 465


      April 4, 1850
      #860
      State vs Robert H Watkins


      “Came the solicitor who prosecutes in behalf of the State of Alabama and the defendant in his own proper person charged in a bill of indictment against him for failing to keep the banks of the river at his public ferry in good repair and said defendant pleads guilty.” - Fined five dollars plus costs of suit.

      ​

      Page 467


      April 4, 1850
      #5009
      Kirkman and Rice, Surviving Partners of Kirkman Andrews & Co. vs Nancy Jennings and Samuel Hendrix, Garnishee


      “On or about the first of October 1849 this respondent purchased of said Nancy Jennings and her six children John Jennings, Clem? Jennings, Clarisa Phillips, wife of Eber G Phillips, James Jennings, Albert Jennings and Elizabeth Jennings a tract of land in said county for which he agreed to pay them $350.00 ... but three of said children to wit James, Albert and Elizabeth are minors and cannot make him a deed of title ... Nancy only had a dower right or interest in said land and none other, and respondent has more than paid her a just proportion for her interest and the balance now due by respondent for the purchase of said land if respondent ought to pay the same is due and owing and coming to the said minor children aforesaid - and if this respondent should be required to pay the same in the satisfaction of the debts of said Nancy he would be left without remedy in the event of the refusal of said minor children to make him a deed as they come of age.” ...

      ​

      Page 468


      April 4, 1850
      Mary Hood
      Exparte


      “This day came in open Court here Mary Hood and produced to the Court a certificate of the Clerk of this Honorable Court of her intention to become a citizen of the United States of America and to renounce and abjure all allegiance and fidelity to any foreign Prince Power or Potentate and particularly to Victoria Queen of the United Kingdom of Great Britain Ireland and Scotland of whoom she was a native born subject, which said declaration of intentions as aforesaid was filed in the Honl the Circuit Court of Lauderdale County on the first Monday after the fourth Monday in September 1846 and it appearing to the satisfaction of the Court that the said Mary Hood has resided in the United States at least five years previous hereto and within the state of Alabama at least three years previous to this time and that during that time aforesaid she has behaved as a Lady 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 Mary Hood this day in open Court after having been duly sworn declared that she will support the Constitution of the United States of America and the Constitution of the state of Alabama and that she doth now absolutely and entirely renounce and abjure all allegiance and fidelity to every foreign Prince Power or Potentate whatsoever and particularly to Victoria Queen of the United Kingdom of Great Brittain Ireland and Scotland of whose Kingdom she was a native born subject. It is therefore considered by the Court that the said Mary Hood be admitted and she is hereby declared to be a citizen of the United States of America and entitled to all the rights privileges and immunities thereunto belonging.”

      ​

      Page 471


      April 4, 1850
      Grand Jury Indictments:


      Stephen Reaves - committing a rape on Peninah Rose
      Horace Summerhill - assault and battery

      ​

      Page 473


      April 6, 1850
      #881
      State vs Newton a Slave


      Murder of William Oliver - Robert H Dement, Sarah Oliver and Ethelia Cannon gave bond of $100.00 each for him.

       

      Page 473
      April 6, 1850
      James Sample to Henry W Sample, Trustee for the use of Martha A Barker


      “Came this day in open Court Sterling A M Wood and Alexander H Wood subscribing witnesses to a deed of gift from James Sample to Henry W Sample for the use and benefit of Martha Ann Barker ....[Doesn’t say what the gift is]

      ​

      [A number of pages have been cut out at the end of the book. (msw)]