Lauderdale County, Alabama
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