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    2021 by County Coordinator Patricia Bryant Hartley.

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      Circuit Court Records

      1850 - 1855

      Pages 236 - 606

      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 236


      April 11, 1853
      #920
      State vs Elias Thrasher


      Assault with intent to kill - pleads guilty to assault and battery. Fined $10.00 plus cost of suit.


      #924
      State vs Thomas McDonald


      Nolprosequi - discharged


      #960
      State vs Christopher Price


      Price shows cause for a change of venue - case moved to Lawrence County in Moulton


      #960
      State vs Christopher Price


      Bond of $100. each given by: John G Martin, Phillip Howell, Benjamin F Rhodes, Daniel W Long, Wesley Williams, Andrew Douglass, Andrew Carr, James Pool, Thomas Parish, John Matthews, Thomas J Martin, James H Martin, and John Price for himself, his wife Isabella Price and for his daughter Elizabeth Chaney.


      #961
      State vs William Beckwith and Richard M Beckwith


      Prosecution dismissed for charge of Assault with Intent to Kill and Murder


      #967
      State vs Harvey Emerson


      Emerson pleads guilty to charge of disturbing public worship. His security, David Adams, to pay $5.00 fine plus court costs.

       

      #1005
      State vs John Stephens


      Pleads not guilty to gaming. Jury found him guilty. Fine of $20.00 plus costs. Fine with costs have not been paid or secured. Stephens committed to jail for ten days without bail.


      #1020
      State vs William J Barnett


      Forgery - asked for change of venue - trial to be held in Lawrence County at Moulton.


      #1020
      Bail given for Price ($100.00 each) by: Charles Gookin, Neander H Rice, James Sloss, James Price and William W Pettus

       

      #1024
      State vs William Beckwith


      Case dismissed


      #1027
      State vs Robert B Allen


      Adultery - pleads guilty. Fined $100.00 plus costs. Benjamin F Chisholm was his security.

      Many cases decided

      ​

      #1041
      State vs William Fisher


      Murder - Fisher asked for change of venue - moved to Limestone County - Athens. Bail of $100.00 each promised by: David Cox, William R Kirkland, Missouri Kirkland, Josephus Darby, Elizabeth Robertson, Thompson B Robertson, Mary Kirkland and Benjamin Darby for himself and his son William H Darby.

      ​

      Page 246


      April 12, 1853
      #1047
      State vs Robert T Kernachan


      Assault with intent to murder. Robert T Kernachan and William M Jackson gave bond of $1000.00.


      #1047
      State vs Andrew Jackson


      Assault with intent to murder. Bond of $1000.00 given by: Andrew Jackson, LeRoy P. Walker and Robert M Patton

      ​

      Page 251


      April 13, 1853
      #998
      State vs James Jackson


      Gaming - neither Jackson nor Christopher Stutts, his security, came to court. $100.00 to be recovered of Stutts unless they appear at the next term of this court and show cause to the contrary on a scrifacias herein awarded and made known.

      Several cases - non-appearance of defendants and their securities

      ​

      Page 252

       

      April 13, 1853
      #994
      State vs Burrell A Warren
      Murder

       

      Death of defendant suggested - suit abated.

       

      #1061
      State vs James Miller

       

      Assault with intent to kill and murder Bonapart R Garland - pleads not guilty. Jury found him guilty. To be imprisoned in State Penitentiary for 3 years and pay costs of prosecution to the State of Alabama. Winston P Pettus, Sheriff, appointed John Gracy deputy for the purpose of conveying Miller to the Penitentiary - allowed a guard of ? men to assist him.

       

      #5478
      Henry D Smith vs Garrick Campbell


      Campbell to pay Smith $527.45 plus court costs.

      ​

      Page 255


      October 3, 1853
      Hon. George D Shortridge, Judge
      Robert McClanahan, Sheriff
      Grand Jurors summoned: 14 June 1853 for October 3, 1853
      1. L M Dalrymple, farmer, Bluff Creek
      2. Thomas B Crow, farmer, Blue Water
      3. William Butler, farmer, Blue Water
      4. Baylis E Bourland, farmer, Rodgersville
      5. George Herndon, farmer, Cypress
      6. Thomas J Foster, farmer, Florence
      7. Samuel H Richardson, farmer, Mill Creek
      8. William B Barton, Druggist, Florence
      9. James Cox, Painter, Florence
      10. Shadrach E Cross, farmer, Shoal Creek
      11. Joseph Weaver, Farmer, Rodgersville
      12. Richard L Coffee, farmer, Blue Water
      13. John Wilkerson, farmer, Shoal Creek
      13. Andrew S Porter, Clerk, Lexington
      15. Pleasant M Haraway, farmer, Rodgersville
      16. Albert Simmons, farmer, Blue Water
      17. Moses Wright, farmer, Brush Creek,
      18. Daniel W Long, Merchant, Waterloo
      14 June 1853
      Those to serve on Grand Jury:
      Dalrymple, Crow, Butler, Bourland, Herndon, Foster, Richardson, Cox, Shadrach E Cross, Weaver, Wilkerson, Porter, Haraway, Simmons, Wright and Long. 16 in number.

      ​

      Page 257


      October 3, 1853
      #5304
      William B Wood vs William Tomlinson and George W Foster, garnishee


      Wood not further wishing to prosecute his said suit. Defendant discharged - to recover costs of suit from Wood.

      ​

      Page 260


      October 3, 1853
      “This day personally appeared in open court Feadel Shuler who being duly sworn, on his solemn oath herein court declares he was born in the town of Ebigenire? the state of Baden, that he arrived in the United States of America in the month of December 1846 and hath resided therein ever since, that it is bona fide his intention to become a citizen of the 
      said United States, and to renounce forever all allegiance and fidelity to any foreign Prince Potentate or Sovreignity whatever and particularly to Leopold, Arch Duke of Baden.
      Feadel Shuler
      Sworn to and subscribed in open Court on this the 3rd day of October A D 1853
      Test. R B Baugh, Clerk”

      ​

      Page 260


      October 3, 1853
      “This day personally appeared in open court Hoenish Kackellman who being duly sworn on his solemn oath herein Court declares that he was born in the town of Bautary in the Kingdom of Bavaria that he arrived in the United States of America in the month of July 1846 and hath resided therein ever since that it is bona fide his intention to become a 
      citizen of the said United States and to renounce forever all allegiance and fidelity to any foreign Prince, Potentate or Sovreignity whatever and particularly to Maximilian 2nd King of Bavaria.
      Hoenish Kackellman
      Sworn to and subscribed in open Court on this the 3rd day of October A D 1853.
      Test. R B Baugh, Clerk”

      ​

      Page 260


      October 3, 1853
      “This day personally appeared in open Court Adam Leucher who being duly sworn on his solemn oath herein Court declares that he was born in the Town of Bautary in the Kingdom of Bavaria, That he arrived in the United States of America in the month of July 1846 and hath resided therein ever since, That it is bona fide his intention to become a citizen of the said United States, and to renounce forever all allegiance and fidelity to any foreign Prince, Potentate, or Sovreignity whatever and particularly to Maximilian 2nd King of Bavaria 
      Adam Leucher
      Sworn to and subscribed in open Court this 3rd day of October A.D. 1853
      Test. R B Baugh, Clerk”

      ​

      Page 260


      October 3, 1853
      Those drawn to serve as Pettit Jurors for the first week of the next term of the Circuit Court:
      1. Chapman L Hough, farmer, Indian Camp
      2. Richard M Faires, farmer, Reserve
      3. Charles H Haraway, farmer, Rodgersville
      4. Henry M Hart, farmer, Bluff Creek
      5. William R Koonce, farmer, Cypress
      6. Jessee Thomas, farmer, Cypress
      7. Robert McCorstin, farmer, Sweet Water
      8. John W Skipworth, farmer, Blue Water
      9. James L Holland, farmer, Cypress
      10. Stephen Shelton, farmer, Lexington
      11. Champion Anderson, farmer, Reserve
      12. John S Simpson, farmer, Rodgersville
      13. Nathan Rice, farmer, Lexington
      14. Toliver L Chisholm, farmer, Cypress
      15. Asa Harrell, farmer, Blue Water
      16. Spencer Rhodes, Blacksmith, Reserve
      17. James M Person, farmer, Reserve
      18. Stephen J Mathews, Tax assessor, Lexington
      19. Henry D Smith, farmer, Reserve
      20. James Simpson, farmer, Florence
      21. Nathan Boddie, farmer, Reserve
      22. Charles McClusky, merchant, Shoal Creek
      23. Samuel D Weakley, factor, Florence
      24. Hiram J Hoge, farmer, Coxes Creek
      25. John M C Hooks, Carpenter, Florence
      26. John M Harris, Shoe maker, Florence
      27. Joshua James, Blacksmith, Rodgersville
      28. John Williams, farmer, Blue Water
      29. Josiah Higgins, farmer, Waterloo
      30. Francis H Jones, farmer, Shoal Creek
      14 June 1853

      ​

      Page 261


      October 4, 1853
      #4795
      Robert M Patton and James Caruthers and Henry D Mason Executors of Henry Smith dec’d vs Isaac N Crow


      Ordered by the court that William Fellows and Cornelius Fellows be made parties defendants to this cause and the plaintiff being unwilling further to prosecute this said suit asked leave of the court to take a nonsuit because of the ruling of the court as shown by the bill of exceptions filed in this cause. It is therefore considered by the court that the plaintiff have leave to take a nonsuit and that the defendants recover of the plaintiffs the costs of this said suit in this behalf expended.

      ​

      Page 264


      October 5, 1853
      #5523
      Rosenthall and Swoope vs Joseph Hough


      Case dismissed

      ​

      Page 264


      October 5, 1853
      #5524
      J. Rosenthal and Brother vs Mitchell Malone


      Plaintiffs recover $38.00

      ​

      Page 265


      October 6, 1853
      #4319
      Barnard Rosenthal vs James G Howie
      Howie to pay $60.00 plus interest and costs

      ​

      Page 265


      October 6, 1853
      #1061
      State vs Thornton Corum


      Murder of Jasper Quillen. Sent to jail, pending trial.

      ​

      Page 266


      October 7, 1853
      #5586
      Simpson McAlester & Co. vs Thomas J Crow


      Debt of $1200.83 plus interest and costs to be paid by Crow.

      ​

      Page 266


      October 7, 1853
      “The Grand Jury returned into court their report in writing which is ordered by the court to be spread upon the minutes of the court and is in the words and figures which are following to wit Circuit Court Fall Term 1853 The Grand Jurors of said County under the charge of the court have made a personal inspection of the Jail of this county and report that the 
      jail is not well ventillated not healthful or commodious nor is it of sufficient strength, but a new Jail is being erected which they have examined, and report that the new Jail when completed will be of sufficient strength for the safe keeping of persons, and is commodious; but will not be sufficiently well ventillated for the accommodation, and health of the prisoners. They also examined into the condition of the county treasury and report that the books of the Treasurer have been well kept. They also examined the bonds of the county officers, and report they are all correct and sufficient except the Bond of Robert McClanahan, Sheriff, which they report insufficient. They also examined the condition of the Court House which is out of order, and in bad repair.
      B. E. Bourland, Foreman of the Grand Jury

      ​

      Page 266


      October 7, 1853
      #5225
      Burrell McManus vs Henry Darby


      Darby to pay $300.00 damages plus costs.

      ​

      Page 268


      October 8, 1853
      #5493
      Patton and Barker vs Elias Thrasher


      Thrasher to pay debt of $58.66 plus costs

      ​

      Page 270


      October 8, 1853
      #5505
      Simpson McAlester and Co vs Ferdinand Sannoner


      Sannoner to pay $396.98 plus interest and costs

      ​

      Page 270


      October 8, 1853
      #5507
      Simpson McAlester & Co vs William L Crow


      Crow to pay debt of $298.93 plus interest and costs.

      Many other debts

      ​

      Page 272


      October 8, 1853
      #5515
      Fechheimer Goldsmith & Co vs Josiah Rosenthal and Jacob Rosenthal


      Rosenthals to pay damages of $202.00

      ​

      Page 273


      October 8, 1853
      #5525
      Patton and Barker vs Lucinda Todd


      Todd to pay damages of $201.36.


      #5526
      Patton and Barker vs Jane Todd


      Todd to pay damages of $124.10


      #5527
      Patton and Barker vs Levi Todd


      Todd to pay damages of $286.66

      ​

      Large debts against Thomas J Crow - Patton and Barker


      Many Debts against William L Crow

      ​

      Debts against Zebulon P Morrison and many others

      ​

      Page 283


      October 8, 1853
      #5579
      Samuel C Stafford vs William L Crow


      Court Levy on Real Estate Lots 41, 42, 43, 44


      #5580
      Robert H Stevens levied on the same lots - also Thomas K Young

      ​

      Page 285


      October 10, 1853
      #858
      State vs Faithy a slave


      Charge against Faithy for arson dropped. She was discharged.

      ​

      Page 289


      October 10, 1853
      #1043
      State vs Amelia Williams


      Charge of adultery. Case dismissed. Cost of suit to be paid by her securities, James Williams and Henry S Harrison?

       

      Page 293


      October 10, 1853
      No case number
      State vs Andrew Blair


      Charge of knowingly permitting (suffering) cards to be played on his premises.

      ​

      Charges of:
      Murder, perjury, betting on Taro Bank, gaming, dealing Faro, affray, assault with intent to murder, assault and battery, disturbing public worship, mayhem, retailing, defaulting overseer of roads, assault and battery on a slave, assault with a gun, peddling on a flat boat, forgery, obtaining goods under false pretenses, gaming with a minor, adultery (William Hopson and Jane Queen), trading with a slave, larceny.

      ​

      Page 298


      October 10, 1853
      #998 and #999
      State vs James Jackson


      Gaming - forfeited $100.00 bond (He and Joshua Crittenden, his security)

      ​

      Page 299


      October 10, 1853
      #4431
      Hervey Dillahunty vs John J Craig Admr of Robert Andrews


      Case continued

      ​

      Page 301


      October 11, 1853
      #5242
      Falk and Rosenthal vs William Tomlinson and George W Foster, garnishee


      Continued

      ​

      Page 302


      October 12, 1853
      #5343
      Fleming Jourdan vs Steam Boat James Jackson Robert Rosenthal, Harman Rosenthal, Barnhard Rosenthal

      ​

      Page 304

       

      October 13, 1853
      #5416
      John M Hood vs Thomas Kirkman

       

      Kirkman to pay $262.63 in damages plus court costs

      ​

      Page 307


      October 14, 1853
      Account with William Anderson, Jailor of Lauderdale County.
      $61.20 owed to Anderson for various services. - Charge against the state.
      Geo. D Shortridge, Judge, Jno S Kennedy, Solicitor

      ​

      Page 308

       

      October 14, 1853
      Account of John S Jackson, Jailor of Lauderdale County

       

      Page 309


      April 17, 1854
      Summoned as Grand Jurors: 16 December 1853 for April 17, 1854
      1. George W Foster, farmer, Florence
      2. David Littleton, farmer, Cypress
      3. William C Phillips, farmer, Blue Water
      4. William R Porter, farmer, Lexington
      5. James Holbert, farmer, Rodgersville
      6. William Koger, Sen., farmer, Reserve
      17. Reuben Hutton, farmer, Coxes Creek
      8. William F Baldridge, farmer, Shoal Creek
      9. Thomas T McCorkle, merchant, Waterloo
      10. Wilson Whitsett, farmer, Second Creek
      11. Anderson P Neeley, farmer, Shoal Creek
      12. James H Witherspoon, farmer, Waterloo
      13. Harrison H Wesson, farmer, Cypress
      14. Basil W O’Neal, farmer, Little Cypress
      15. Allen W Howell, farmer, Butlers Creek
      16. William M Trousdale, farmer, Centre Star
      17. Josiah Pollock, Tinner, Florence
      18. Stewart Wilson, farmer, Springfield
      “Executed on all in full Febry. 25, 1854 Robert McClanahan, Shff
      Others summoned:
      Joseph Ijams
      Neander H Rice
      John Rhodes
      Thomas Burnside
      William Anderson
      John Harrison
      Henry W Sample
      James Simpson
      Anderson Cox
      Samuel M Hyde
      Drawn to complete pannel: Cox, Hyde, Simpson, Harrison and Sample
      Those chosen: William Koger, foreman, Cox, Hyde, Simpson, Sample, Harrison, Phillips, Porter, Hutton, McCorkle, Whitsett, Neeley, Wesson, O’Neal, Howell, Trousdale, Pollock, Wilson. John Rhodes, Bailiff.

      ​

      Page 310


      April 17, 1854
      Pettit Jurors drawn:
      1. William H Key, farmer, Reserve
      2. Montgomery P Asher, merchant, Florence
      3. Lewis C Moore, farmer, Coxes Creek
      4. William P Weathers, farmer, Rodgersville
      5. Thomas T Allington, farmer, Shoal Creek
      6. James Martin, Factor, Cypress
      7. James W Stewart, Tailor, Florence
      8. Robert Austin, farmer, Little Cypress
      9. Johnson Trousdale, farmer, Blue Water
      10. Bryant Dean, farmer, Blue Water
      11. Lucius Lorance, farmer, Florence
      12. Jonathan Paulk, farmer, Cypress
      13. Henry S Simmons, farmer, Cypress
      14. George McLaren, Merchant, Taylor Springs
      15. William Powers, farmer, Cypress
      16. Young A Gray, farmer, Bluff Creek
      17. George G Armistead, farmer, Reserve
      18. Elijah Fowler, farmer, Cypress
      19. John A Smith, farmer, Cypress
      20. Jonathan S Springer, farmer, Lexington
      21. Wesley Williams, farmer, Waterloo
      22. Nathaniel B Sturdivant, merchant, Rodgersville
      23. John Cooper, farmer, Rodgersville
      24. Albert B Hammonds, farmer, Lexington
      25. Thomas M Phillips, farmer, Cypress
      26. William Estes, farmer, Lexington
      27. Hardy Matthews, farmer, Waterloo
      28. William Feilder, farmer, Second Creek
      29. Robert T Kernachan, farmer, Reserve
      30. John T Callahan, farmer, Lexington
      “Executed in full March 27, 1854, Robt McClanahan, Sheriff”

      ​

      Page 319


      April 20, 1854
      #5325
      John W McAlester Executor of Thomas Childress vs Oliver P Asher, Administrator of Harmit Anderson, dec’d


      Plaintiff to be paid damages of $50.00

      ​

      Page 321


      April 20, 1854
      #5598
      Bennett Wood vs Redmon Williams


      Case dismissed

      ​

      Page 327


      April 20, 1854
      #5636
      Richard Duckett vs Young A Gray and George G Armistead


      Defendants to pay $1666.67 plus interest and costs

      ​

      Page 327


      April 20, 1854
      #5637
      M & J Harkins vs Thomas A McDonald


      McDonald to pay $65.46 plus interest and costs

      ​

      Page 238 [Should be 328]


      April 20, 1854
      #5643
      Anderson M Barclay vs Charles A Tenge

      ​

      Tenge to pay damages of $71.54

      ​

      Page 344


      April 20, 1854
      #5673
      Ann D Turner vs Mary L Beckwith and Richard M Beckwith


      Dismissed Defendants pay costs

      ​

      Page 344


      April 20, 1854
      #5673
      Elizabeth Childress vs Thomas J Crow


      Crow to pay $250.00 plus interest and costs

      ​

      Page 349


      April 20, 1854
      #5705
      Elizabeth Childress vs Henry W Sample and James Sample.


      Defendants to pay $505. plus interest and costs.

      ​

      Page 350


      April 20, 1854
      Joshua Paulk vs Thomas J Crow


      Crow to pay $103.02 plus interest and costs.

      ​

      Page 350


      April 20, 1854
      #1104
      State vs William H Farmer
      Charged with murder - put in jail to await trial

      ​

      Page 352


      April 24, 1854
      Pettit Jurors for Second Week of Circuit Court
      1. William N Pinckston, farmer, Cypress
      2. William McGuire, farmer, Lexington
      3. James Douglass, farmer, Blue Water
      4. Levi Partrick, Grocer, Rodgersville
      5. John S Tate, farmer, Blue Water
      6. Jessee Brooks, farmer, Blue Water
      7. Dempsey D Bulls, farmer, Centre Star
      8. Moses Duncan, farmer, Reserve
      9. Jessee Harnell, farmer, Blue Water
      10. John C Fuqua, farmer, Rodgersville
      11. John Y Shoemaker, farmer, Andersons Creek
      12. Alfred Casey, farmer, Centre Star
      13. Thomas W Young, farmer, Cypress
      14. James Jackson, farmer, Reserve
      15. Harrison Howell, farmer, Butlers Creek
      16. Joseph Hardwick, Mill Right, Cypress
      17. William N Scott, farmer, Cypress
      18. Thomas Kirkman, Merchant, Florence
      19. James Key, farmer, Reserve
      20. William Herman, farmer, Blue Water
      21. John Scott, farmer, Waterloo
      22. George W Karsner, Merchant, Florence
      23. Joseph P Bourland, farmer, Cypress
      24. Benjamin R Harris, farmer, Sweet Water
      25. Stanton Flint, farmer, Reserve
      26. Elijah G Chandler, Merchant, Bluff Creek
      27. John Harrison, farmer, farmer, Six Mile
      28. Edmund Cannaday, farmer, Shoal Creek
      29. William B Tays, farmer, Blue Water
      30. William C Bailey, farmer, Butlers Creek

      ​

      Page 360


      April 24, 1854
      #1090
      State vs Warren House and Edwin Hendrix


      Gaming with a Slave

      ​

      Page 361


      April 24, 1854
      #1093
      State vs Thomas Weaver and Andrew Jackson


      Refusing to testify - pleads guilty - fine of $20.00 each plus costs of suit. William C Allen was surety for the defendants

       

      Page 361


      April 24, 1854
      #1096
      State vs Levi Partrick and R J Andrews


      Keeping a disorderly house - pleads not guilty - jury found them guilty - fine of five dollars each plus costs.

      ​

      Page 362


      April 25, 1854
      #1101
      State vs Benjamin M Weaver


      Refusing to testify. Fine of $20.00 plus costs


      #1101
      State vs William D Crow


      Refusing to testify. Fine of $50.00 plus costs


      #1101
      State vs James W Stewart


      Suggest to the Court the death of the defendant. Prosecution abate.

      ​

      Page 363


      April 25, 1854
      #1103
      State vs James Jackson


      Assault with intent to murder Joseph Hough. James Jackson and William M Jackson and Neander H Rice agree to pay the state of Alabama Ten thousand dollars if the said James Jackson fails to appear at the present term of this Court ....

       

      #1103
      State vs James Jackson


      “In open Court came Edward McAlex(an)der, John Story, Horatio Massey, Thomas Massey, Robert Hawkins and Calvin Terrell and agree to pay the state of Alabama the sum of one hundred dollars each if they fail to appear at the next term of this Court and from term to term thereafter until discharged by law to give evidence in behalf of the state of Alabama and against the defendant charged in a Bill of indictment against him for an assault with intent to murder one Joseph Hough.”

       

      Page 363

       

      April 25, 1854
      #1104
      State vs William H Farmer (Murder)

       

      In open Court came Perkin? P Pool, Henderson Richards, Jonathan Wootten, Daniel A Reeder, Thomas Borroughs, Phillip Howell, James A McKelvy, William Borroughs, Joseph Phillips, Benjamin E Howell, John Wesson and John Smith and agree to pay the state of Alabama the sum of $100. each if they fail to appear at the next term of this court .... 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 Stewart Pool.

      ​

      Page 363


      April 25, 1854
      #1104
      State vs William H Farmer (Murder)


      In open Court came Perkins Waldrip, John Rhodes, Thomas M Phillips, Willis G Davis, N P Garnett, Charles Littleton, James C Lipscomb, Thomas W Waldrip, Reuben A Reeder, Thomas Shepherd, George W Hughs and John Wesson and agree to pay the Defendant the sum of $100. each if they fail to appear at the next term of this court and from term to term thereafter until discharged by law to give evidence in behalf of the defendant charged in a bill of indictment against him for the murder of one Stewart Pool.

      ​

      Page 364


      April 26, 1854
      #1105
      State vs ___ Gorman


      Auctioning without a license - found not guilty - discharged - to recover of the State of Alabama the costs of this suit.

       

      Page 364


      April 26, 1854
      #1106
      State vs Elijah Ham


      Horse stealing - to be imprisoned in state Penitentiary for three years and pay costs of suit.

      ​

      Page 364


      April 26, 1854
      #1107
      State vs Samuel Springer


      Horse stealing - found not guilty by jury

      ​

      Page 365


      April 26, 1854
      #1065
      State vs Jessee Carroll and Wilson Carroll


      Bill of indictment against them for cruel treatment to a slave - plead guilty. Fines of $50.00 each plus costs.

      ​

      Page 371


      April 26, 1854
      #5555
      Eliza B Weakley vs Wilson Carroll


      Carroll to pay Weakley $400.00 plus costs

      ​

      Page 378


      April 28, 1854
      #5592
      Burrell McManus vs Joshua Darby


      Defendant says “on 12th day of October 1853 there was in his hands a balance of one thousand dollars due to Henry Darby the defendant in the judgment upon which this garnishment was issued and that by the direction of said Henry Darby on that day he executed his note to one Richard who was the son of said Henry Darby for said sum of one thousand dollars and said note was handed to Richard Darby - That he afterward paid $300. to Pulaski Darby the then? holder of the note and that the balance of said note is yet unpaid ...Richard Darby is a non resident of this state ... ordered by the Court that the Clerk cause a copy of this order to be published for four consecutive weeks in the Florence Gazette 
      and also remit a copy by mail to the said Richard Darby if his residence is known or can be ascertained. Cause continued.

       

      Page 380


      October 16, 1854
      Grand Jurors Summoned: 11 July 1854 for October 16, 1854
      1. John H Trusdell, farmer, Taylor Springs
      2. Jessee M Brooks, farmer, 4 Mile Branch
      3. Joseph Weaver, farmer, Rodgersville
      4. Jessee Carroll, farmer, Bluff Creek
      5. David T Harrison, farmer, Six Mile
      6. James Douglass, farmer, Centre Star
      7. Aristides E Jackson, farmer, Second Creek
      8. Richard S Coffee, farmer, Blue Water
      9. Baylis E Bourland, farmer, Rodgersville
      10. Wilson Phillips, farmer, Blue Water
      11. James Simpson, farmer, Cypress
      12. Samuel Glossep?, farmer, Andersons Creek
      13. Andrew S Porter, Clerk, Lexington
      14. Martin Harkins, Merchant, Florence
      15. Allen W? M? Howell, farmer, Butler Creek
      16. David Musselman, farmer, Shoal Creek
      17. William T Rice, farmer, Coxes Creek
      18. James Humphrey, farmer, Waterloo
      Final Jury:
      Trusdell, Brooks, Weaver, Carroll, Harrison, Douglass, Jackson, Coffee, Bourland, Phillips, Simpson, Porter, Harkins, Howell, Musselman and William T Rice, 16 in number.
      Baylis E Bourland, Foreman

      ​

      Page 381


      October 16, 1854
      #4110
      #4115
      Winston P Pettus Admr of Percifer F Pearson use of Willis Pope Jr. vs Stockley Donelson and Eliza Donelson


      Plaintiff no further wishing to prosecute his said suit .. suit dismissed, plaintiff pay costs.

      ​

      Page 384

       

      October 16, 1854
      Pettit Jurors:
      1. Reuben P Hutton, farmer, Cypress
      2. Samuel B Hudson, Tailor, Florence
      3. Enoch Garner, farmer, Huntsville Road
      4. Johnson Trousdale, farmer, Centre Star
      5. William Herman, farmer, Blue Water
      6. George A? Haraway, farmer, Rodgersville
      7. Thomas H Reynolds, Grocer, Florence
      8. Nelson G Allen, farmer, Blue Water
      9. Elijah Fowler, farmer, Cypress
      10. Thomas J Crow Jr., Carpenter, Florence
      11. Littleberry Harrison, farmer, 6 Mile
      12. Anderson P Neeley, farmer, Rodgersville
      13. Chapman L Hough, farmer, Butlers Creek
      14. Jessee G Austin, farmer, Cypress
      15. Henry Richardson, farmer, Blue Water
      16. Matthew C Gallaway, Editor, Florence
      17. Ferdinand J Sannoner, Confectioner, Florence
      18. Sidney F Tage?, Clerk, Florence
      19. John A Portlock, Blacksmith, Florence
      20. John S Tate, farmer, Second Creek
      21. James A Bailey, farmer, Baileys Springs
      22. Albert B Hammons, farmer, Second Creek
      23. James Sharp, farmer, Waterloo
      24. Silas Feilder, farmer, Waterloo
      25. George G Armistead, farmer, Oakland
      26. Levi Duckett, farmer, Bluff Creek
      27. Walter West, farmer, Blue Water
      28. Thomas Gresham, farmer, Blue Water
      29. Isaac Hunt, farmer, Shoal Creek
      30. Josiah Pollock Tinner, Florence

       

      Page 384

       

      October 16, 1854
      “This day came Michael Donovan in open Court and files his declaration of intention to become a citizen of the United States filed in the Court of Common Pleas for the City and County of New York which declaration and certificate of the Clerk of said Court is in the following words and figures to wit, 'State of New York In the Court of Common Pleas for the City and County of New York, I Michael Donovan do declare on oath that it is bonafide my 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 particularly to the Queen of the United Kingdom of Great Brittain and Ireland of whoom I am a subject. Sworn to this 18 day of June 1849
      Michael Donovan
      James Conner, Clerk


      I certify that the foregoing is a true copy of an original declaration of intention remaining of record in my office. In witness whereof I have hereunto subscribed my name and affixed the seal of said Court this 18 day of June 1849.
      James Conner, Clerk


      And it appearing to the satisfaction of the Court that the said Michael Donovan has resided within the United States of America for more than five years previous hereto and within the state of Alabama for more than one year last past that during the time aforesaid he has behaved and conducted himself 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 Michael Donovan being now here in open Court after having been duly sworn declares and says that he will support the Constitution of the United States and the Constitution of the State of Alabama and that he doth now here absolutely and entirely renounce and 
      abjure all allegiance and fidelity to every foreign Prince Potentate State or Sovreignity whatever and particularly to Queen Victoria Queen of the United Kingdom of Great Brittain and Ireland of whoom he was lately a subject. It is therefore considered by the Court that the said Michael Donovan be admitted and he is hereby declared to be a citizen of the United States of America with all the rights priviledges and immunities thereunto belonging.”

      ​

      Page 387


      October 17, 1854
      “This day came Segmund Brock and brought into Court here his declaration of intentions to become a citizen of the United States which is in the following words and figures to wit. Before me Richard B Baugh Clerk of the Circuit Court for the County aforesaid personally appeared Segmund Brock who being by me first duly sworn declares that he was born in 
      Austria an independent empire of Europe that he is aged now twenty seven years and that he emigrated to the United States on the 22nd day of September 1849 and arrived in the State and County aforesaid on the fifteenth day of December of the afore mentioned year where he has continued to reside to the present time. That it is bonafide his 
      intention to become a citizen of the United States and to renounce all allegiance and fidelity to any foreign Prince Potentate State or Sovreignity whatever and particularly to Franz Joseph emperor of Austria.
      Segmund Brock
      Sworn to and subscribed before me this 20th day of August 1850
      Test R B Baugh, Clerk


      And it appearing to the satisfaction of the Court that the said Segmund Brock has resided within the United States of America for more than five years previous hereto and within the State of Alabama for more than one year last past that during the time aforesaid he has behaved and conducted himself 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 Segmund Brock being now here in open Court after having been duly sworn declares and says that he will support the Constitution of the United States and the Constitution of the state of Alabama and that he doth now here absolutely and entirely renounce and 
      abjure all allegiance and fidelity to every foreign Prince Potentate State or Sovreignity whatever and particularly to Franz Joseph Emperor of Austria of whom he was lately a subject. It is therefore considered by the Court that the said Segmund Brock be admitted and he is hereby declared to be a citizen of the United States of America with all the rights priviledges and immunities thereto belonging.”

      ​

      Page 387


      October 17, 1854
      State vs William H Farmer
      (No case number given)


      Tuesday next set for Farmer’s trial. Seventy one jurors in addition to those of the regular pannel summoned for the week out of which to draw a jury to try said cause....

      ​

      Page 396

       

      October 19, 1854
      #5772
      William B Barton vs James D Callicot

       

      Callicot to pay Barton $86.13 plus costs.

      ​

      Page 402

      ​

      October 19, 1854
      #5798
      Edward McAlexander vs James D Callicot


      Case dismissed. Plaintiff to pay costs.

      ​

      Page 419


      October 19, 1854
      “Circuit Court held in and for said County at the Court house in Florence Fall Term 1854
      This day personally appeared in open Court Anthoney Zumbasch who being duly sworn on his solemn oath here in Court declares that he was born at Nordwalde Circuit Burgsteinfurt in the Kingdom of Prussia. That he arrived in the United States of America on the 6th of July 1850 and hath resided therein ever since. That it is bonafide his intention to become 
      a citizen of the United States and to renounce forever all allegiance and fidelity to any foreign King Potentate or Sovreignity whatever and particularly to the King of Prussia to whoom he was lately a subject.
      A. Zumbasch
      Sworn to and subscribed in open Court 19 October 1854

      Test. R B Baugh, Clerk

      ​

      Page 420


      October 19, 1854
      “This day came Thomas F Buchanan and produced to the Court here his declaration of intention which said declaration was filed in the Circuit Court of Lauderdale County Alabama on the 6th day of June 1851. And it appearing to the satisfaction of the Court that the said Thomas F Buchanan has resided within the United States for more than five years 
      previous hereto and within the State of Alabama for more than one year lasts past and that during the time aforesaid he has behaved and conducted himself 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 Thomas F Buchanan now here in open Court after having been duly sworn declares and says that he will support the Constitution of the United States of America and the Constitution of the State of Alabama and that he doth now here absolutely and entirely renounce and abjure all allegiance, fidelity to every foreign Prince Potentate State or Sovreignity whatever and particularly to Victoria Queen of the United Kingdom of Great Brittain and Ireland of whom he was lately a subject. It is therefore considered by the Court that the said Thomas F Buchanan be admitted and he is hereby declared to be a citizen of the United States of America with all the rights priviledges and immunities thereunto belonging.”

      ​

      Page 420


      October 19, 1854
      “This day came Charles Zumbasch and produced to the Court here his declaration of intention which said declaration was filed in the Circuit Court of Lauderdale County Alabama on the 4th day of October 1852. And it appearing to the satisfaction of the Court that the said Charles Zumbasch has resided within the United States for more than five years 
      previous hereto and within the State of Alabama for more than one year last past and that during the time aforesaid he has behaved and conducted himself 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 Charles Zumbasch now here in open Court after having been duly sworn declares and says that he will support the Constitution of the United States of America and the Constitution of the State of Alabama and that he doth now here absolutely and entirely renounce and abjure all allegiance and fidelity to every foreign Prince Potentate State or Sovreignity whatever and particularly to the King of Prussia of whoom he was lately a subject. It is therefore considered by the Court that the said Charles Zumbasch be admitted and he is hereby 
      declared to be a citizen of the United States of America with all the rights priviledges and immunities thereunto belonging.”

      ​

      Page 423


      October 21, 1854


      “The Grand Jury returned into Court the following report to wit Circuit Court Fall Term 1854
      The Grand Jury of said County under the charge of the Court have examined the bonds of the County officers and report they are correct and sufficient. They have also examined the County Treasury and report that the vouchers and reports are correct, that the County Treasurer has received since the 4th Feby 1854 about $8000 and that he has paid out about $6,800 leaving a ballance on hand of near $1200. They have also made a personal inspection of the jail of this County and report it is sufficient for the safe keeping of prisoners their accommodation and health and that the same has been very well kept since last term. They would also urge and report that the present Grand Jury room is entirely too public to keep secret their deliberations.
      B E Bourland, Foreman of the Grand Jury

      ​

      Page 424


      October 23, 1854
      Summons of Grand Jurors: September 23, 1854 for October 23, 1854
      1. John Harkins, Merchant, Florence
      2. John Simpson, Merchant, Florence
      3. Samuel Landman, farmer, First Creek
      4. Abia Parsons, Mill Right, Florence
      5. William R Porter, Clerk, Lexington
      6. John R Henry, farmer, Blue Water
      7. David Gresham, farmer, Coxes Creek
      8. Isaac Cannon, farmer, Bluff Creek
      9. Alfred Casey, farmer, Centre Star
      10. Henry W Sample, Brick Mason, Florence
      11. Henry Ingram, farmer, Blue Water
      12. Daniel White, farmer, Mill Creek
      13. George R Rice, farmer, Cypress
      14. Bluford T Allen, farmer, Blue Water
      15. William W Pettus, farmer, Lexington
      16. John W McGuire, Grocer, Lexington
      17. John C Hammonds, farmer, Second Creek
      18. Thomas C Irion, farmer, Reserve
      19. William Estes, farmer, Lexington
      20. William Billingsly, farmer, Florence
      21. Robert Austin, farmer, Cypress
      22. Samuel E Alexander, farmer, Blue Water
      23. James Whitehead, farmer, Second Creek
      24. Cincinnatus F Jones, farmer, Reserve
      25. Andrew Bevis, farmer, Bluff Creek
      26. James Robertson, farmer, Blue Water
      27. James Boddie, farmer, Reserve
      28. Snowden R Herbert, Merchant, Florence
      29. Young A Gray, farmer, Reserve
      30. Samuel H Richardson, farmer, Bluff Water (Creek)

      ​

      Page 427


      October 23, 1854
      #1068
      State vs Woody W Humphrey


      Lynching - death of defendant suggested - prosecution abate.

      ​

      Page 428


      October 23, 1854
      #1090
      State vs Warren House and Edwin Hendrix


      Gaming with a slave - not guilty

      ​

      Page 428


      October 23, 1854
      #1092
      State vs Andrew Blair


      Dealing Faro - bond of $100.00

      ​

      Page 428


      October 23, 1854
      #1093
      State vs Winston P Pettus


      Refusing to testify

       

      Page 429


      October 23, 1854
      #1103
      State vs James Jackson


      Trial to be held in Frankfort in Franklin County. Several people gave bond for him - charged with assault with intent to 
      murder Joseph Hough.

      ​

      Page 431


      October 23, 1854
      #1112
      State vs Charles Sharp


      Assault - fine of five dollars - William Scott his surety.

      ​

      Page 435


      October 23, 1854
      #1143
      State vs John Barr


      Betting at Gaming Table Fine of $20.00 plus costs


      #1131
      State vs John Barr


      Refusing to testify - nol prosequi

      ​

      Charges of Gaming against:
      Robert McClanahan, Vincent M Benham, Henry C Martin, Winston P Pettus, Young A Gray - fines of $20.00

      ​

      Page 438


      October 24, 1854
      #1159
      State vs Albert Cole


      Disturbing Public Worship - fine of $20.00

      ​

      Page 444


      October 25, 1854
      No Case Number
      State vs William Hopson -

       

      Assault and battery on a slave. Bond given by Thomas H Brown and Samuel Owens

      ​

      Page 447


      October 28, 1854
      State vs William H Farmer - Murder


      Murder of Stewart P Pool. pleads not guilty. Jury of good and lawful men: Thomas Clark, Abia Parsons, Benjamin Taylor, Daniel White, David Gresham, Washington M Brandon, Samuel C Stafford, John H Thrasher, David P Porter, Thomas L Skipworth, Samuel Landman and Benjamin F Chisholm. David P Porter excused on account of sickness. Jury found Farmer guilty of murder in the second degree. Imprisoned in state Penitentiary for two years and pay costs. John Gracy, deputy for Sheriff Robert McClanahan to convey Farmer to the Penitentiary.

      ​

      Page 447


      October 28, 1854
      #1103
      State vs James Jackson


      James Jackson, William M Jackson and Neander H Rice gave bond of ten thousand dollars for James Jackson - for his appearance at Frankfort for his trial of assault with intent to kill and murder Joseph Hough.

      ​

      Page 449


      October 28, 1854
      Summons to Grand Jury: 26 February 1855 for April 16, 1855
      1. Basil W O’Neal, farmer, Sweet Water
      2. Larkin Lamar, farmer, Andersons Creek
      3. James Sherrod, farmer, Reserve
      4. William Butler, farmer, Blue Water
      5. Nathaniel B Sturdivant, Merchant, Rodgersville
      6. Presley W Hardin, farmer, Blue Water
      7. John M Muler, farmer, Cypress
      8. Moses Wright, farmer, Waterloo
      9. Jourdan Ham, farmer, Cowpen Creek
      10. Demprey D Bulls, farmer, Blue Water
      11. Calvin W Garrett, farmer, Shoal Creek
      12. Harrison H Wesson, farmer, Coxes Creek
      13. John M Davis, Merchant, Lexington
      14. Weatherby Haynes, farmer, Waterloo
      15. John W Tapp, farmer, Centre Star
      16. William A Cox, farmer, Cypress
      17. Robert M Patton, Merchant, Florence
      18. Wilson Carroll, farmer, Bluff Creek
      Robert M Patton, Foreman
      John Rhodes, a Constable of Lauderdale County sworn as Bailiff

      ​

      Pettit Jurors:
      1. James H Creamer, Waggon Maker, Rodgersville
      2. Elijah G Chandler, Merchant, Bluff Creek
      3. William H Wade, farmer, Shoal Creek
      4. Altamon Thompson, farmer, Reserve
      5. John McCabe, farmer, Shoal Creek
      6. James Dalrymple, farmer, Shoal Creek
      7. James L Holland, farmer, Cypress
      8. James Key, farmer, Reserve
      9. James H Letsinger, Miller, Waterloo
      10. Benjamin Taylor, farmer, Blue Water
      11. Isaac W Beckwith, farmer, Reserve
      12. William Lipscomb, farmer, Cypress
      13. Hazel Lovelace, farmer, Cypress
      14. Levi Partrick, farmer, Rodgersville
      15. Robert T Kernachan, farmer, Reserve
      16. Michael Long, farmer, Waterloo
      17. Thomas Dewberry, farmer, Cypress
      18. Jessee W Koger, farmer, Reserve
      19. Michael Olive, farmer, Cypress
      20. William Koger, farmer, Reserve
      21. John W Lamaster, farmer, Blue Water
      22. Toliver L Chisholm, farmer, Cypress
      23. Stanton Flint, farmer, Reserve
      24. Thomas H Perkins, farmer, Bluff
      25. John W McAlester, Merchant, Florence
      26. Charles McClusky, farmer, Cowpen Creek
      27. Daniel W Long, farmer, Waterloo
      28. James Brahan, farmer, Shoal Creek
      29. Henry D Allen, farmer, Blue Water
      30. Jacob Reeder, farmer, Cypress

      ​

      Page 451


      April 16, 1855
      #5728
      Joseph Hough vs James Jackson

      ​

      Plaintiff no further wishing to prosecute his suit against Jackson. Suit dismissed; Jackson to pay costs.

      ​

      Page 452


      April 16, 1855
      #5852
      Thomas J Crow vs James Jackson


      Jackson to pay Crow $156.00 plus costs

      ​

      Page 455


      April 17, 1855
      “This day came William M Cullin in open Court and files his declaration of intention to become a Citizen of the United States which said declaration was filed in the Superior Court of the City of New York which said declaration is in the following words and figures to wit ‘State of New York In the Superior Court of the City of New York I William M Cullin 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 foreign Prince Potentate State or Sovreignity whatever and particularly to the Queen of the United Kingdom of Great Britain and Ireland of whom I am now a subject.
      William M Cullin
      Sworn this 25 day of May 1852
      Robert G Campbell Clerk

      ​

      Clerk office of the Superior Court of the City of New York
      I certify that the foregoing is a true copy of an original declaration of intention remaining of record in in office. In witness whereof I have hereunto subscribed my name and affixed the seal of said Court this 25 day of May 1852.
      R G Campbell, Clerk


      And it appearing to the satisfaction of the Court that the said William M Cullin has resided in the United States of America for more than five years previous hereto and within the state of Alabama for more than 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 M Cullin being now here in open Court after having been duly sworn declared that he would support the Constitution of the United States and of the State of Alabama and that he doth now here absolutely and entirely renounce and abjure all allegiance and fidelity to every foreign Prince Potentate State or Sovreignity whatever and particularly to Queen Victoria Queen of the United Kingdom of Great Britain Ireland and Scotland of whoom he was lately a subject. It is therefore considered by the Court that the said William M Cullin be admitted and he is hereby declared to be a citizen of the United States of America with all the rights privileges and immunities thereunto belonging.”

      ​

      Page 458


      April 18, 1855
      #5351
      Robert M Rosenthal vs Alexander W Falk


      “Came the parties by their attornies and the defendants counsel suggest to the Court that the plaintiff is a non resident and moves the Court for a rule requiring him to give security for costs and the defendants proof being fully heard on the subject the motion for a rule for security for costs is by the Court overruled.

      ​

      Page 470


      April 19, 1855
      #5987
      Kirkman and Rice vs Nig Roberson


      Debt of $60.14 to be paid with damages and costs

      Several cases of Rosenthal and Swoope against debtors

      ​

      Page 475


      April 19, 1855
      #5965
      D L Freeland and Son vs Josiah Rosenthal and Maximilian Swoope


      Defendants didn’t come to court - to pay $518.43 debt plus damages and costs

      ​

      Page 484


      April 19, 1855
      #5930
      Richard Duckett vs Young A Gray


      Gray to pay Duckett previous judgment of $2299.78 plus costs. Duckett agrees to stay execution for six months.

      ​

      Page 484


      April 19, 1855
      #5931
      Richard Duckett vs Robert M Patton


      Patton confesses a judgment in favor of plaintiff for $2299.78 plus costs. Duckett agrees to stay execution for six months.

       

      Page 485

       

      April 19, 1855
      #5932
      Richard Duckett vs George G Armistead

       

      Same as Gray and Patton - Armistead owes $2299.78 plus costs, but Duckett to stay execution for six months.

      ​

      Page 488


      April 19, 1855
      #5831
      Montgomery P Asher, Surviving Partner of M P and O P Asher vs Nancy Hill


      Judgment for defendant - plaintiff to pay her $11.50 plus costs of suit.

      ​

      Page 489


      April 19, 1855
      #6008
      John M Harris vs Basil W O’Neal and Martha A O’Neal and Wiley T Hawkins and Richard B Baugh


      Plaintiff’s attorney proved the acknowledgement of the service of the writ by Richard Baugh and Wiley Hawkins - defendants came not but made default - to pay debt of $750.00 plus damages and costs.

      ​

      Page 489


      April 19, 1855
      #6014
      Isaac N Crow vs Thomas B Crow


      Plaintiff no further wishing to prosecute suit - to recover costs of suit from defendant

      ​

      Page 499


      Rosenthal and Swoope no longer wished to prosecute suits against: Thomas F Pettus, Elisha and Julia A Rhodes, John W Cashion and William Langford

      ​

      Page 506


      April 19, 1855
      Bernard McKernan vs William B Hicks


      Benjamin F Karsner an acting Justice of the Peace of Lauderdale County on 4 January 1855 issued an execution against Hicks and in favor of plaintiff for $30.65 with interest thereon and $1.95 costs of said execution ... for want of personal property levied on the following Real Estate: Florence Lots #230 and 232. Lots to be sold, or so much thereof as shall be of value sufficient to satisfy said debt, interest and costs.

      ​

      Page 510


      April 19, 1855
      #5693
      Thomas J Harwell vs Wiley T Hawkins

      ​

      “Came the parties by their attorneys and the defendant now moves the Court to set aside and discharge the levy made by the Sheriff in this case under the execution is favor of the plaintiff against James P Oakley on the slaves Mary a woman, Anacy, Bob, Eliza, Andrew, Mary a girl, and Fanny which said slaves are the subject matter of this suit - which motion being fully heard and argued on both sides. And on the hearing of said motion it being made to appear to the satisfaction of the Court that before the said levy of said execution on said slaves had been made, the said slaves had been duly levied on by said Sheriff of Lauderdale County - under execution from the Circuit Court of said County in favor of other Judgment Creditors of said Oakley against said Oakley, which executions were senior and of privilieu to the said execution in favor of the plaintiff in this cause - and that thereupon trials of the right of property to said slaves had been before the said levy now moved to be set aside, duly and regularly instituted by the defendant by making affidavit and giving Bond as provided by law the said claimant in this suit. ... Plaintiff to pay costs of suit - claim discharged

       

      #5698 and #5692 - concern same slaves

      ​

      Page 512


      April 20, 1855
      “The Grand Jury returned into Court the following report which was read in open Court to wit Circuit Court Spring Term 1855
      The Grand Jury of said County under charge of the Court have examined into the condition of the county treasury and report that the Treasurers books and vouchers are all correct. They have also examined the bonds of all the County Officers and report they are sufficient. They have made a personal inspection of the Jail of the County and report it sufficient for the safe keeping of prisoners their accommodation and health and that the same has been well kept since last Term. They also report the court house out of repair - The roof leaks and several of the rooms are filthy and in a miserable condition. The doors are without locks and allow entrance for all persons and one of the up stairs rooms is used as a necessary. The roof needs repairs immediately and the general condition of the Court House shows very plainly that those who have the control have grossly neglected their duty and that it is a disgrace to the County of Lauderdale
      R M Patton, Foreman of the Grand Jury It is ordered by the Court that the above report be laid before the next 
      commissioners Court of Lauderdale County Alabama

      ​

      Page 515


      April 23, 1855
      #1047
      State vs Robert T Kernachan


      Indicted for assault with intent to murder - pleads not guilty. Jury found him guilty of an assault and battery - fine of $500.00 plus costs of suit.

      ​

      Page 515


      April 23, 1855
      #1047
      State vs Andrew Jackson


      Indicted for assault with intent to murder - pleads not guilty - Jury found him guilty of assault and battery - fine of $145.50 plus costs.

      ​

      Page 516


      April 23, 1855
      #1012
      State vs Thomas Curtis


      Obtaining goods under false pretences - nol prosequi

      ​

      Page 516


      April 23, 1855
      #1067
      State vs Jacob McGhee


      Abduction - nol prosequi

      ​

      Page 517


      April 23, 1855
      #1094
      State vs Winston P Pettus


      Indicted for refusing to attend and testify before the Grand Jury - pleads not guilty. Jury found him not guilty.

      ​

      Page 519


      April 23, 1855
      #1151 and #1152
      State vs Young A Gray


      Nol prosequi in each case

      ​

      Page 523


      April 23, 1855
      #1185
      State vs John G Jones


      Indicted for trading with a slave - pleads not guilty - jury found him guilty - fine of $10.00 plus costs

      ​

      Page 526


      April 23, 1855
      #1197
      State vs Andrew Jackson


      Indicted for betting at billiards. pleads not guilty. Jury found him not guilty.

      ​

      Page 528


      April 23, 1855
      #1198
      State vs William Hopson


      Assault and battery on a slave - pleads guilty - fine of $5.00 plus costs

      ​

      Page 544


      April 26, 1855
      #6110
      John Kackleman vs The Mayor and Aldermen of the Town of Florence


      Jury found the issues for the plaintiff and assessed him damages at $141.75.

      ​

      Page 547


      April 26, 1855
      No Case Number
      Butterfield Brothers vs Barnhard Rosenthal, Herman Rosenthal, Josiah Rosenthal, Garnishee, Maximillian Swoope


      “Came the plaintiffs by their attorney and it appearing to the satisfaction of the Court that the defendants are nonresidents It is ordered by the Court that the Clerk of this Court cause a notice of this attachment and the service of garnishment in this cause to be published for four successive weeks in the Florence Gazette a newspaper published 
      in the Town of Florence and that a copy be sent the defendants if their residence can be ascertained.” Same for Stewart and Brother vs the Rosenthals and Swoope, and for Wilson Brown & Co. against them.

      ​

      Page 547


      April 26, 1855
      #5968
      Alexander M Hannay vs Oliver H Oats and David C Oats, Garnishee


      Defendant is a nonresident. Notice of attachment and service of garnishment to be published for four successive weeks in the Florence Gazette. ... “And David C Oats the garnishee in this cause having answered that he has means in his hands as administrator of Samuel K Oats deceased and that Oliver H Oats is a child and distributee of said intestate. It is therefore ordered that the said David C. Oats be restrained from paying over to said defendant the amount of said Oliver H Oats distributive interest in said Estate unless he retain enough in his hands to pay the debt of the plaintiff interest thereon and all the costs of this suit.


      Page 552


      April 28, 1855
      “On motion of Edward A O’Neal attorney for Robert McClanahan Sheriff and it appearing to the satisfaction of the Court that the Sheriff has levied two executions, one in favour of Alonzo Rawson surviving partner of Rawson and Bacon and the other in favour of Williamson Taylor and Co on a large lot of dry goods consisting of small articles levied on as the property of Montgomery P Asher the defendant in said executions, and the sale of said goods under said executions coming on during the session of the Court and it further appearing to the Court that the said Sheriff had been compelled to employ Horatio O Pettus the Book Keeper of said defendant he being familiar with said goods to assist and superintend said Sale and through him to employ an auctioneer and the proof being duly considered by the Court and by the consent of the attornies of said plaintiffs in said Executions, It is therefore considered by the Court the Sheriff be allowed the sum of Seventy five dollars for paying said Horatio O Pettus and the further sum of Seventy five dollars for paying said auctioneer extra and above the fees and costs allowed him by law.”


      Page 552

       

      Summons for Grand Jurors: July 24, 1855 for October 15, 1855
      1. Albert W Oliver, Merchant, Rodgersville
      2. Peter A Andrews, farmer, Shoal Creek
      3. John C Fuqua, farmer, Muscle Shoals
      4. James H. Witherspoon, farmer, Waterloo
      5. Hardy Matthews, farmer, Panther Creek
      6. Stewart Wilson, farmer, Blue Water
      7. Benjamin B Wootten, farmer, Reserve
      8. John Killen, farmer, Blue Water
      9. Thomas W Young, farmer, Cypress
      10. Enoch R Kennedy, farmer, Cowpen Creek
      11. James L. Holland, farmer, Cypress
      12. Nicholas Welch, Constable, Bluff Creek
      13. Albert A Simmons, farmer, Shoal Creek
      14. Wesley Williams, farmer, Second Creek
      15. Washington W Brandon, farmer, Sweet Water
      16. James B Price, farmer, Sweet Water
      17. Jonathan S Springer, farmer, Second Creek
      18. John G Smithson, farmer, Lexington


      Also summoned:
      John S Lansford
      Richard A Bailey
      John C Coffee
      John A Smith
      Thomas M Phillips
      Altamont Thompson
      Zedekiah Willett
      Robert McCorstin
      Wesley Brown
      William B L Thrasher
      Thomas P Nail
      Robert Williamson
      James H Simpson
      Phillip Howell


      Final Jury:
      John C Fuqua, Foreman, James Price, Zedekiah Willett, Wesley Brown, Robert Williamson, Thomas Nail, Robert McCorstin, Altamont Thompson, James Simpson, Albert Oliver, Stewart Wilson, Benjamin Wootten, John Killen, Thomas Young, Enoch Kennedy, Albert Simmons, Jonathan Springer, John Smithson.


      Page 557

       

      July 24, 1855 for October 15, 1855
      Summons Pettit Jurors for the first week:
      1. Henry Webb, farmer, Waterloo
      2. Hugh S Harvey, farmer, Second Creek
      3. Charles W Haraway, farmer, Rodgersville
      4. Pleasant M Haraway, farmer, Rodgersville
      5. James T Roberson, farmer, Cypress
      6. Thomas T Allington, farmer, Shoal Creek
      7. Montgomery P Asher, Merchant, Florence
      8. William Rhodes, farmer, Cypress
      9. Jasper A Bean, Merchant, Florence
      10. Thomas Reeder, farmer, Cypress
      11. Edmund Brown, Constable, Florence
      12. Obadiah Waters, farmer, Second Creek
      13. Wilson Whitsett, farmer, Waterloo
      14. David J Jones, farmer, Cypress
      15. William Sholar, farmer, Rodgersville
      16. James M Beavers, farmer, Burcham Creek
      17. Thomas Whyte, farmer, Shoal Creek
      18. Stephen Townley, Carpenter, Coxes Creek
      19. Andrew Blair, Stone Mason, Florence
      20. William Hough, farmer, Sweet Water
      21. John M Hood, farmer, Cypress
      22. William B Littleton, farmer, Cypress
      23. Joseph Hardwick, Mill Right, Butlers Creek
      24. Richard M Faires, farmer, Reserve
      25. William H Hays, Grocer, Florence
      26. Henry A Prewett, farmer, Cypress
      27. William N Key, farmer, Reserve
      28. Andrew J Lorance, farmer, Reserve
      29. William F Turnley, farmer, Bluff Creek
      30. William N Pinckston, farmer, Cypress Creek


      Page 560


      October 16, 1855
      #6307
      T. L. H. Maclin vs Thomas Estep


      John S Simpson Esquire an acting Justice of the Peace of Lauderdale County did on the 30th day of May 1855 issue an Execution in favour of this plaintiff and against this defendant for the sum of $12.10 with interest thereon plus costs. For want of personal property levied on the following described land to wit: N/2 of NW/4 S8 T2 R7, 80 acres; NE/4 of 
      SW/4 of SE/4 of S8 T2 R7, 80 acres; also S/2 of SW/4 S5 T2 R7, 80 acres. Land to be sold - or enough of it to satisfy the judgment and costs - also the costs of this suit.


      Page 561

       

      October 16, 1855
      #6308
      Richard Porter vs Samuel McCraw

       

      Levy on land - debt of one dollar with interest on the same since the 7th day of April 1855 and one dollar and five cents costs of suit. Land to be sold: SW/4 of S10 T2 R7 containing 160 acres more or less.


      Page 561


      October 16, 1855
      #6309
      Richard Porter vs Samuel McCraw


      Levy on land - debt of $6.18 plus interest and cost of suit ($1.05). Land to be sold: SW/4 of S10 T2 R7 containing 160 acres.

       

      Page 561


      October 16, 1855
      #6310
      Taylor and McLaren vs Richard Todd


      Levy on land - debt of $28.75 plus interest and costs. Land to be sold: E/2 of NE/4 S7 T2 R8 also NE/4 of NW/4 S7 T2 R8.

       

      Page 561


      October 16, 1855
      #6314
      John M Davis vs David Lancaster

       

      Levy on land - debt of $29.74. Land to be sold: Part S/2 of NW/4 and NE/4 of SW/4 S18 T1 R8.


      Page 562


      October 16, 1855
      #6315
      John M Davis vs David Lancaster


      Levy on land - debt of $34.69. Land to be sold: Part of S/2 of NW/4 and NE/4 of SW/4 in S18 T1 R8.


      Page 562


      October 17, 1855
      “This day came Robert Campbell in open Court and files his declaration of intention to become a citizen of the United States which is in the following words and figures to wit, Before me Richard B Baugh Clerk of the Circuit Court of said County personally appeared Robert Campbell who being by me first duly sworn declares that he was born in the County of Kent in the Kingdom of Great Brittain and was raised to his Majority in the County of Inverness, Scotland, that he came to the United States of America in the month of June in the year of our Lord Eighteen hundred and forty seven and has 
      resided in the United States since that time to wit in the Counties of Limestone and Lauderdale in said state of Alabama from August 1847 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 of Sovreignity whatever and more particularly to Victoria Queen and reigning Soverign of the United Kingdom of Great Brittain Ireland and Scotland.
      Robert Campbell
      Sworn to and subscribed before me this 26th day of 1851
      Test R B Baugh, Clerk


      And it appearing to the satisfaction of the Court that the said Robert Campbell has resided in the United States of America for more than five years previous to this time and within the State of Alabama for more than one year last past that during that time 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 Robert Campbell being now here in open Court after being duly sworn declared he would support the Constitution of the United States and of the State of Alabama and that he doth now here absolutely and entirely renounce and abjure all allegiance and fidelity to every foreign Prince Potentate State or Sovreignity whatever and particularly to Queen Victoria Queen of the United Kingdom of Great Brittain Ireland and Scotland of whoom he was lately a subject. It is therefore considered by the Court that the said Robert Campbell be 
      admitted and he is hereby declared to be a citizen of the United States of America with all the rights immunities thereunto belonging.”


      Page 568


      October 18, 1855
      “William Patton this day came in open Court and produced to the Court here his declaration of intention to become a citizen of the United States of America which was filed in this Court on the 12th day of October 1849. And it appearing to the satisfaction of the Court that said William Patton has resided in the United States of America for more than five years previous hereto and within the state of Alabama for more than one year last past that during that time 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 Patton being now here in open Court after being duly sworn declared he would support the Constitution of the United States of America and of the State of Alabama and that he doth now here absolutely and entirely renounce and abjure all allegiance and fidelity to every foreign Prince Potentate State or Sovreignity whatever and particularly to Queen Victoria Queen of the United Kingdom of Great Brittain Ireland and Scotland of whoom he was lately a subject.It is therefore considered by the Court that the said William Patton be admitted and he is hereby declared to be a citizen of the United States of America with all the rights priviledges and immunities thereunto belonging.”

       

      Page 574


      October 18, 1855
      #6230
      E G Chandler and Co. vs Nicholas Welch, Adren Sharp, William F Turnley


      Plaintiff recover of defendants $200.00 plus $24.67 damages plus cost of suit


      Page 577


      October 18, 1855
      #6248
      Mayer Haas & Co vs Josiah Rosenthal and Maximilian Swoope


      Debt of $855.06 plus damages and costs (defendants made default)


      Page 578


      October 18, 1855
      #6265
      William G Kidd vs Jonathan Beckwith


      Suit dismissed - plaintiff no further wishing to prosecute his suit


      Page 579


      October 18, 1855
      #6267 or #6268 (not plain which it is)
      Rachel Coffee vs Daniel McKee, William H Key, William M Jackson 


      Debt of $200.00 the balance of the debt in the plaintiffs complaint together with the further sum of $7.31 damages sustained by plaintiff by reason of the detention of said debt, also costs of the suit.
      ​

      Page 580


      October 18, 1855
      #6283
      Rosenthal and Swoope vs Lewis Swoope and Jane Croft, Garnishee


      Defendant is a nonresident of the State of Alabama. Notice of attachment to be published in Florence Gazette.

       

      Page 583


      October 18, 1855
      #6303
      Daniel F White vs John Curry


      Levy on Land. Execution in favour of plaintiff and against defendant for $34.55 with interest and costs of suit. For want of personal property levied on land: W/2 of NW/4 S1 T2 R8. Land to be sold, or enough of it to satisfy debt.

       

      Page 584


      October 18, 1855
      #6304
      Robert Cooper vs Thomas Estep


      Levy on Land. Execution in favor of Cooper for $7.68 with interest and cost of suit. Land to be sold: N/2 of NW/4 S8 T2 R7, 80 acres; NE/4 of SW/4 and NW/4 of SE/4 S8 T2 R7, 80 acres.


      Page 584

       

      October 18, 1855
      #6305
      Nathaniel B Sturdivant vs Thomas Estep


      Levy on Land. Execution in favor of Sturdivant for $16.75 plus interest and costs of suit. Land to be sold: N/2 of NW/4 S8 T2 R7, 80 acres; NE/4 SW/4 and NW/4 of SE/4 S8 T2 R7, 80 acres, and S/2 SW/4 S5 T2 R7, 80 acres.


      Page 584


      October 18, 1855
      #6306
      Joseph Tomlinson vs John Curry, Burgess Croney Sen. and Burgess Croney Jr.


      Levy on Land. Execution in favor of Tomlinson for $48.75 plus interest and cost of suit. Land to be sold: SW/2 of NW/4 S1 T2 R8, 80 acres.


      Page 587


      October 19, 1855
      #6312
      John M Davis vs William Koger.


      Appeal -- Continued by the defendant


      Page 589 - 590


      Cases against Rosenthals and Swoope - large sums of money


      Page 592


      October 20, 1855
      #5900
      W P and O P Asher vs John A Sannoner


      “Came the parties by their attorneys and by agreement between the parties the defendant is to have a judgment for the slaves Lydia and her children Harriet Joe Ellen and Mariah and that each of said parties pay one half the costs of this suit. It is therefore considered by the court that the defendant recover of the plaintiffs said slaves Lydia, Harriet, Joe, Ellen and Mariah and that each of said party one half the costs of this said suit in this behalf expended.


      Page 596


      October 22, 1855
      #1196
      State vs Joseph Tomlinson


      “Came the Solicitor who prosecutes in behalf of the State of Alabama and suggest to the Court that the defendant had intermarried with the person with whoom he had been living in adultery and no further wishing to prosecute this cause and the defendant assessed the payment of costs. It is therefore considered by the Court that this prosecution be dismissed and that the state of Alabama recover of the defendant the costs of this prosecution in this behalf expended.”

       

      Page 604
      October 23, 1855
      #1227
      State vs Robert Barckley - Bigamy

       

      “Came William E Boling, Luke Stevens, James P Oakley, Thomas Dewberry and Samuel Hamilton and agree to pay the state of Alabama the sum of $100.00 each unless they appear at the next term of this court to give evidence in behalf of the state of Alabama and against the defendant in this cause.”


      #1227
      State vs Robert Barckley - Bigamy


      Defendant files affidavit and shows cause for a change of venue - changed to County of Franklin in Town of Frankfort. Defendant to be kept confined in Lauderdale County jail until time for him to remove to attend his trial.


      #1227
      State vs Robert Barckley - Bigamy


      Robert Elliott gave bond of $100. unless he appear at next term of Circuit Court of Franklin County, Alabama to give evidence in behalf of state vs Barckley


      Last page: 606


      A number of pages have been cut out at the end of the book [Possibly by the County Clerk, who may not have wanted to leave blank pages at the end of the volume. msw