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)]