Circuit Court Records
1856 - 1860
Pages 1 - 349
Abstracted Feb 2007 by Milly Wright; Submitted for use on these pages 6 Aug 2007.
Note: The entire book has not been transcribed. Included are all lists of jurors (some with occupations described), applications for citizenship, cases involving slaves and other cases of interest. Spelling follows the original as closely as possible.
Page 1
April 14, 1856
Sydenham Moore, Judge of the Judicial Circuit Court of Alabama
John Gracy, Sheriff of Lauderdale County
Summons for Grand Jurors: 27 February 1856 for April 14, 1856
1. John Hill, farmer, Masonville
2. Jonathan B Young, MillRight, Cypress
3. Andrew J Gresham, farmer, Coxes Creek
4. Henry W Wesson, farmer, Waterloo
5. Jonathan Paulk, farmer, Cypress
6. Jessee Phillips, farmer, Burcham
7. George M Ingram, Merchant, Blue Water
8. William L Oliver, Merchant, Rodgersville
9. James Holland, farmer, Cypress
10. William N? Scott, farmer, Scotts Mill
11. William R McGuire, farmer, Lexington
12. Alexander D Coffee, Factor, Cypress
13. James Cox, Painter, Florence
14. Robert T Lanier, farmer, Mill Creek
15. Zedekiah Willett, farmer, Florence
16. William B Young, Merchant, Cypress
17. Spencer Rhodes, BlackSmith, Oakland
18. John C McMahan, farmer, Shoal Creek
George M Ingram - Foreman
James Webb - Bailiff (A Constable of Lauderdale County)
Page 4
April 15, 1856
#5449
Robert M Patton Admr of Hugh McVay, dec’d vs Joseph Ijams
James Wright and eleven other jurors - “We the jury do find the issue for the plaintiff and find the slaves Poncy?, Baylor Barker Narcissa and Catharine to be the property of the plaintiff. It is therefore considered by the Court that the plaintiff recover of the defendant said slaves Poncy?, Baylor Barker, Narcissa and Catharine ... also the costs of this suit...
Page 5
April 15, 1856
#6207
William C Allen, Surviving Partner of Weaver and Allen vs Oliver H Oates and David C Oates, Garnishee
Attachment
Oates made default. Plaintiff to recover of the defendant damages - to be set by a jury - James Wright and eleven others - $659.21 - David C Oates the Garnishee in this cause having answered that he has means in his hands as administrator of Samuel K Oates deceased and that Oliver H Oates is a child and distributee of said intestate. ... David C Oates be
restrained from paying over to said defendant the amount of said Oliver H Oates distributive interest in said estate unless he retain enough in his hands to pay this debt of the plaintiff interest thereon and all the costs of this suit.
Page 7
April 16, 1856
#6080
Elizabeth Childress vs Thomas J Crow and Andrew Blair
Childress to be paid damages of $240.00 plus costs of suit
Page 8
April 16, 1856
#6208
James Jackson vs Oliver H Oates and David C Oates Garnishee
Debt of $248.00 to be paid to Jackson - Oliver H Oates is a child ...
Page 9
April 16, 1856
#6209
Horatio O Pettus, Trustee of Montgomery P Asher, Surviving Partner of M P and O P Asher vs Oliver H Oates
Plaintiffs to be paid $225.06 plus costs - Oliver H Oates is a child ...
Page 10
April 16, 1856
“The State of Alabama Lauderdale County, Circuit Court for said County and state. April Term 1856. I August Newmayer an alien and native of the Kingdom Bavaria being duly sworn depose and say that I first arrived in the United States in the
month of July A D 1852. And that it is bona fide my intention to become a citizen of the United States and to renounce forever all allegiance and fidelity to every foreign Prince, Potentate, State or Sovreignity whatsoever and particularly to Maximillian 2nd King of Bavaria whose subject I am.
August Newmayer
Sworn to and subscribed before me this April 16th 1845
R B Baugh, Clerk
Page 10
April 16, 1856
Pettit Jurors summoned:
1. John Peters, farmer, Reserve
2. John Varnelt?, farmer, Anderson
3. John M Smith, farmer, Oakland
4. Almon B M Sprenger
5. Charles Beddingfield, farmer, Elk River
6. Thomas Whyte, farmer, Shoal Creek
7. Thomas W Waldrip, farmer, Cypress
8. Samuel D Weakley, Factor, Florence
9. Shepherd N Rhodes, farmer, Bluff Creek
13. Harrison D Howell, farmer, Butler Creek
14. Thomas T McCorkle, Merchant, Waterloo
15. Robert McCorstin, farmer, Sweet Water
16. John G Martin, farmer, Second Creek
17. George W Karsner, Merchant, Florence
18. Pleasant M Haraway, farmer, Rodgersville
19. William B Lipscomb, farmer, Cypress
20. Scruggs Young, farmer, Cypress
21. Jonathan M Cunningham, farmer, Rodgersville
22. Hugh K Reynolds, farmer, Butler Creek
23. John L House, farmer, Cypress
24. Ferdinand J Sannoner, Confectioner, Florence
25. Jasper McCarley, farmer, Blue Water
26. James Sweaney, farmer, Shoal Creek
27. William B Smith, farmer, Lexington
28. William A Cox, farmer, Cypress
29. Benjamin D Wesson, farmer, Cypress
30. David C Stovall, farmer, Blue Water
Page 17
April 17, 1856
#6327
George J Cox vs Robert Brooks
Death of plaintiff - John M Davis is his administrator. Brooks owed Cox $21.70. Property levied on: NW/4 of NE/4 S14 T2 R8 - land to be sold to pay debt and cost of suit.
Page 27
April 17, 1856
#6354
William B Lipscomb vs Robert Armistead
Jury finds for the plaintiff - damages of $317.88 to be paid by Armistead - plus costs
Page 42
April 17, 1856
#6468
Baylis E Bauer vs Alexander Beckwith
Jury found for the defendant.
Page 43
April 18, 1856
#6466
Taylor and McLaren vs S J Mobley -
Mobley owed debt of $30.14. Want of personal property - levied on land: NW/4 of NE/4 S7 and the SE/4 of SE/4 S6 T1 Range 9 - 82 acres.
Page 44
April 18, 1856
#6473
William F Turnley vs Phillip Lindsey
Attachment had been levied on one Sorrel Mare and one lot of corn - said property was liable to be wasted before the next term of this court. Property to be sold - defendant is a nonresident. Notice of this attachment and levy to be published in the American Democrat a newspaper published in the Town of Florence for four successive weeks.
Page 49
April 21, 1856
John H Craig vs John S Kennedy
Plaintiff recover the property levied on by the fieri facias in the hands of the sheriff in the case of John J Craig vs Robert Williamson, to wit, twenty thousand pounds of cotton ...
Page 49
April 21, 1856
“Honish Kackellman 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 3rd day of October 1853 and it appearing to the satisfaction of the Court that said Honish Kackellman 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 lasts past that during that time he has behaved as a man of good moral character attached to the principals of the United States and well disposed to the good order of the same and the said Honish Kackellman being now here in open Court after being duly sworn declared he would support the Constitution of 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 Maximilian Second King of Bavaria of whoom he was lately a subject. It is therefore considered by the Court that the said Honish Kackellman 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 51
April 21, 1856
#1142
State vs James A Letsinger
Indicted for adultery - pleads not guilty. Jury found him not guilty.
Page 53
April 21, 1856
#1228
State vs Joseph Hough Jr. -
Nol prosequi - defendant discharged.
Page 54
April 21, 1856
“The State of Alabama, Lauderdale County, Circuit Court, Spring Term 1856 I Charles Arnz an alien and native of the Kingdom of Prussia being duly sworn depose and say, that I first arrived in the United States in the month of October the 19th day A D 1852, and that it is bona fide my intention to become a citizen of the United States and to renounce forever all allegiance and fidelity to every foreign Prince Potentate State or Sovreignty whatsoever and particularly to Frederick William the fourth King of Prussia, whose subject I am.
Carl Arnz
Sworn to and subscribed in open Court on this 21st day of April A D 1856
R B Baugh, Clerk
Page 55
April 22, 1856
The State of Alabama, Lauderdale County
Circuit Court, April Term 1856
William Hodgkins of the County aforesaid this day appeared in open Court here and being duly sworn on his solemn oath declares that he was born in the County of Oxford England of the United Kingdom of Great Brittain and Ireland that he came to the United States of America in the year of our Lord 1851. And has resided in said United States since that time and in Franklin and Lauderdale Counties the whole time. that it is bona fide his intention to become a citizen of the United States aforesaid and to renounce forever all allegiance and fidelity to any foreign Prince Potentate State or Sovreignity whatever and more particularly to Victoria Queen and Reigning Sovreign of the United Kingdom of Great
Britain and Ireland.
William Hodgkins
Sworn to and subscribed in open Court this 22nd day of April A D 1856
R B Baugh, Clerk
Page 56
April 22, 1856
#1235
State vs D. Aldermen: Edward A O’Neal, George W Foster, William B Wood, Richard W Walker, Charles Gookin, Samuel B Hudson, Levi Todd, Martin Harkins, Samuel D Weakley, Wiley T Hawkins - Continued by the State
#1234
State vs Joe Roberts
Defendant plea of abatement - plea be sustained - amend the indictment by inserting the name of Joel Roberts - case continued by state.
Page 57
April 22, 1856
#1238
State vs Elijah G Chandler and John Cannon
Indictment for retailing spirituous liquors without a license - pleads not guilty - jury found them guilty - fine of one cent each plus costs of suit.
Page 58
April 22, 1856
#1252
State vs John Weakley
Carrying concealed weapons - pleads guilty - fine of $50.00 plus cost. Samuel D Weakley his surety for fine and costs.
Page 64
April 22, 1856
#6481
Elizabeth Childress vs Henry W Sample
Sample made default. Plaintiff to recover $525.00 with damages and costs.
Page 65
April 22, 1856
#6206
William McKelvy vs Isaac McCannon
Execution in favor of Plaintiff and against defendant for sum of $14.97 with interest and costs. Want of personal property - levied on land: NE/4 of NE/4 S3 T1 R13. Land to be sold.
#6477
John C Simpson vs T E Choate
Debt of $28.33 - land to be sold: NE/4 of S1 T1 R10.
Page 65
April 22, 1856
#6478
John R Bedford vs Harvy Haynes
Debt of $27.25. Land to be sold: NW/4 of SE/4 S8 T1 R14 and SW/4 of NE/4 of S8 T1 R14 and SE/4 of NW/4 of S8 T1 R14.
#6477
Land of Sterling J Mobley to be sold for debt of $3.25. T2 R9
Page 68
October 13, 1856
Summons for Grand Jury: August 20, 1856 for October 13, 1856
1. Thomas H Perkins, farmer, Reserve
2. Benjamin B Wootten, farmer, Cypress
3. Abia Parsons, Mill Right, Second Creek
4. Henry W Sample, Brick Mason, Florence
5. Philllip J Irion, farmer, Bluff Creek
6. George McLaren, Merchant, Taylors Springs
7. John McCorkle, farmer, Cypress
8. Temple Turnley, Reserve
9. John M Davis, Merchant, Florence
10. William Herman, farmer, Shoal Creek
11. William T Rice, founder?, Coxes Creek
12. Wesley Williams, farmer, Second Creek
13. Pleasant M Haraway, farmer, Rodgersville
14. Albert B Hammonds, farmer, Lexington
15. Wilson Whitsett, farmer, Second Creek
16. James J Bailey, farmer, Shoal Creek
17. William C Reynolds, farmer, Butler Creek
18. Berry Loyd, farmer, Panther Creek.
Also summoned:
John H Simpson
William Tomlinson
David J Jones
Stanton Flint
Final Jury:
George McLaren, foreman, James Simpson, William Tomlinson, Thomas Perkins, Benjamin Wootten, Henry Sample, Phillip Irion, John McCorkle, Temple Turnley, William Herman, William Rice, Pleasant Haraway, Albert Hammond, Wilson Whitsett, James Bailey, Abia Parsons, William C Reynolds
Bailiff: Constable Samuel B Hudson
Page 71
October 13, 1856
Summons for Pettit Jurors:
1. Thomas Burnside, Merchant, Florence
2. Samuel C Stafford, Merchant, Florence
3. Albert W Oliver, Merchant, Rodgersville
4. John S Morrow, farmer, Florence
5. James S Boddie, farmer, Reserve
6. Thomas Whyte, farmer, Shoal Creek
7. Samuel E Alexander, farmer, Reserve
8. Joel P Glossup, Carpenter, Blue Water
9. Isaac Hunt, farmer, Shoal Creek
10. Charles W Haraway, farmer, Rodgersville
11. Jesse W Koger, farmer, Reserve
12. Henry Wesson, farmer, Waterloo
13. Jacob Whitehead, farmer, Rodgersville
14. George M Ingram, farmer, Blue Water
15. John T Threat, farmer, Cypress
16. John Harkins, Merchant, Florence
17. Robert B McKnight, farmer, Cypress
18. Jordon Ham, farmer, Cowpen
19. Jonathan Young, Mill Right, Cypress
20. Henry Hine, farmer, Oakland
21. Ephraim Jones, farmer, Second Creek
22. Duncan Stewart, farmer, Cowpen
23. Neal Rowell, farmer, Reserve
24. Benjamin F Foster, farmer, Florence
25. Shaylor I W Ives, farmer, Shoal Creek
26. Richard A Bailey, farmer, Shoal Creek
27. Harrison D Howell, farmer, Butler Creek
28. Henry O Gresham, farmer, Cypress
29. Robert C Bumpass, farmer, Bluff Creek
30. James Wilson, farmer, Blue Water
Issued 26 August 1856
Page 80
October 16, 1856
#6486
Simpson McAlester & Co vs Oliver H Oates
Defendant is a non resident of this state. Notice of attachment and levy to be published in Florence Gazette for four weeks.
Page 86
October 16, 1856
#6312
John M Davis vs William Koger
Matters in controversy under twenty dollars. Defendant have judgment against plaintiff for costs of suit.
#6467
Benjamin Taylor vs William Koger
Plaintiff has judgment against defendant for $20.00 plus costs.
Page 87
October 16, 1856
#6517
Richard A Bailey vs James Lafan and William Lafan and John M Lawson
Debt due Bailey of $50.00 and costs of suit. Levy on land: N/2 of SE/4 S28 T1 R9 - land to be sold.
Page 91
October 16, 1856
#6537
John D Waite vs David O’Steen
Debt of $26.30 - Levy on land: NW/4 of NW/4 S30 T1 R10.
Page 92
October 16, 1856
#6551
Cypress Lodge No. 31, J? O A Fellows vs Henry W Sample
Sample made default - to pay $551.68 plus damages and costs
Page 101
October 20, 1856
#1159
State vs Thomas Holmes
Disturbing Public Worship - pleads not guilty. Jury found him guilty - fine of $20.00 plus costs.
Page 103
October 20, 1856
#1242
State vs George G Armistead
Defaulting overseer of the road - pleads not guilty. Jury found him guilty. Fine of $5.00 plus costs of suit.
Page 106
October 20, 1856
#1260
State vs Neander H Rice
Indictment for Retailing - pleads guilty - fine of $75.00 plus costs.
Page 110
October 20, 1856
“This day came Pincus M Falk and brought into Court his declaration of intention to become a citizen of the United States of America which is in the following words and figures to wit. The State of Alabama, Lauderdale County This day Pincus M Falk appeared before me Richard B Baugh Clerk of the Circuit Court of Lauderdale County Alabama and makes oath that he bona fide intends to become a citizen of the United States and renounce forever all allegiance and fidelity to any foreign prince potentate state or Sovreignity whatever and particularly to Frederick William King of Prussia and his successors in office in whose dominion he was born and whose subject he is. He further declares on his oath that he was born in the Town of Schneidemuhl Poland a part of the demisuions? of the King of Prussia and he sailed from Liverpool in August 1850 and landed in the City of New York in September 1850 a miner (minor) 17 years of age and has resided in the United States ever since and in the Town of Florence State of Alabama since the first day of February 1851.
Pincus M Falk
Sworn to and subscribed before me on this 29th day of May A D 1854
R B Baugh, Clerk
And it appearing to the satisfaction of the Court that the said Pincus M Falk 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 Pincus M Falk 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 Frederick William King of Prussia of whoom he was lately a subject. It is therefore considered by the Court that the said Pincus M Falk 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 110
October 20, 1856
“Feadel Schuler 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 13th day of October A D 1853. And it appearing to the satisfaction of the court that the said Feadel Schuler has resided in the United States of America for more than five years previous hereto and in 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 Feadel Schuler 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 Leopold Arch Duke of Baden of whoom he was lately a Subject. It is therefore considered by the Court that the said Feadel Schuler 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 112
April 13, 1857
Andrew B Moore, Judge
William F Karsner, Sheriff
Summons for Grand Jurors: 9 January 1857 for April 13, 1857
1. Anderson P Neeley, farmer, Rodgersville
2. John Thompson, Founder, Coxes Creek
3. Joseph Hardwich, farmer, Cypress
4. Andrew Porter, Merchant, Lexington
5. Miles Whyte, farmer, Cypress
6. Robert Kernachan, farmer, Reserve
7. Elijah Fowler, farmer, Cypress
8. William Fuqua, farmer, Rodgersville
9. Thomas H Reynolds, Merchant, Waterloo
10. Benjamin Taylor, farmer, Taylors Springs
11. Wilson Carroll, farmer, Bluff Creek
12. Samuel S Clark, Brick Mason, Florence
13. Joseph Milner, Druggist, Florence
14. John S Simpson, farmer, First Creek
15. James W Wilson, farmer, Brush Creek
16. Dorsey Winborne, farmer, Reserve
17. Thomas T McCorkle, Merchant, Waterloo
18. James H Witherspoon, Merchant, Waterloo
Also summoned:
Thomas Brown
John H Faires
John Mc C Hook
Abia Parsons
Final Jury:
John S Simpson, foreman, Thomas Reynolds, Dorsey Winborne, Miles Whyte, Abia Parsons, James Wilson, Benjamin Taylor, John Thompson, Joseph Milner, Elijah Fowler, Thomas McCorkle, William Fuqua, Joseph Hardwich, Robert Kernachan, John Mc. C. Hooks, Wilson Carroll
Bailiff: Constable Samuel B Hudson
Page 121
April 16, 1857
#6582
Harriet J? Lassiter vs Nathan Boddie
Boddie made default - to pay Lassiter $138.12 plus $6.00 damages plus costs. (Note in book: Debt and damages remitted.”)
Page 132
April 16, 1857
#6469
Owen B Sullivan vs John Matthews and Nicholas Welch
Defendant owed $47.00 plus costs. Execution and levy of land: NW/4 of NW/4 S1 T1 R14. NE/4 of NE/4 S13 T1 R14.
Page 136
April 16, 1857
No Case Number
Elizabeth Childress vs Eliza E Hooks, wife of John M C Hooks
Defendant made default. In October 1856 - judgment against John M C Hooks in favor of Mrs. Elizabeth Childress for $153.75 plus damages and costs. Execution issued and was returned not satisfied. And it appearing that said suit was brought upon a contract for articles of comfort and support of the household suitable? to? the degree and condition in life of the family; and was also brought against ? husband alive; And it further appearing that notice was given the said Eliza E Hooks wife of the said John M C Hooks that a motion would be made, at the Spring term of the Circuit Court 1857 ... to obtain an order of court for the purpose of selling her seperate estate to satisfy said judgment obtained as aforesaid against her husband in the contract as aforesaid; and it further appearing that she has a separate estate ... It is therefore
considered by the Court that said Plaintiff recover of the said defendant the sum of $164.06 dollars debt and six dollars and fifty cents interest as damages, it being the amount of said judgment rendered as aforesaid against the said Jno M C Hooks; and also it is ordered by the Court that the seperate estate of the said Eliza E Hooks be sold for the satisfaction of said judgment upon which execution was entered .... Defendant to pay all costs.
Page 138
April 17, 1857
#6548
Peter F Partrick vs John Anderson
Debt of $10.91. Levy on land: N/2 of W/4 of SE/4 S13 T2 R8 containing 20 acres and SE/4 of NW/4 S12 T2 R8, E/2 of SE/4 of SE/4 S12 T2 R8. E/2 of SE/4 of SE/4?
Page 141
April 17, 1857
#6545
Moses Ingram vs George W Whitehead
Debt of $39.37 due Ingram. Levy on property: N/2 of W/4 of SE/4 S13 T2 R8 containing 20 acres. SE/4 of NW/4 S12 T2 R8, E/2 of SE/4 of SE/4???
Page 149
April 17, 1857
#5343
Fleming Jordan Libellant - the Steam Boat James Jackson her furniture, tackel and apparel vs Mervin G Warren claimant of the Steam Boat James Jackson her furniture, tackel and apparel and as such made a party litigant claiming the same in this court. Claimant go hence and recover of the said Jordan his costs by him in this case expended.
Page 154
April 20, 1857
State vs Hiram Wilson
Assault and battery with rocks
Page 155
April 20, 1857
#1226
State vs George W Croft
Murder
#1239
State vs Joseph Ijames
Assault - jury found him guilty - fine of one cent plus costs.
#1250
State vs John Landman
Murder
Page 157
April 20, 1857
#1263
State vs Fielder Butcher and Mrs. Fisher
Adultery
Page 159
April 20, 1857
#1270
State vs James J Bailey
Bill of Indictment for Injuring the Canal - pleads not guilty. Jury found him guilty - fine of $15.00 plus costs.
Page 162
April 20, 1857
#1292
State vs Edward Humphrey
Assault and Battery on a slave
Page 163
April 20, 1857
#1294
State vs Jeremiah M Ellis
Trading with a slave - pleads guilty - fine of $10.00 plus costs
#1297
State vs Henry Williams and Eliza Gilbert
Adultery
Page 171
April 20, 1857
#1271
State vs John F Whitten
Resisting an officer.
Pleads not guilty. Jury found him guilty - fine of $10.00
#6323
Robert McCorstin vs John S Kennedy and Edward A O’Neal, Trustees.
Plaintiff in execution alledging that the property levied on is the property of the defendants in execution and liable to its satisfaction and the claimants having joined issue there came a jury ... to wit Jesse Carroll and eleven other ... find the property levied on is the property of the defendants in execution ... and they further find the value of the woman slave levied on named Mariah to be $610. and the value of slave boy named Pilot levied on to be $610. ( There were other claims on the slaves by other people.)
Page 175
April 17, 1857
“Appeared in open Court this day Daniel McCook who makes application for license to practice law in the Several Courts of this State thereupon it appearing to the satisfaction of the Court that said applicant is of the age of 21 years of good moral character and possesses the requisite qualification of learning and ability to practice in the Circuit Chancery and Probate Courts of this state the said Daniel McCook is hereby admitted and licensed to practice law in said Circuit Chancery and Probate Courts and thereupon the said Daniel McCook in open Court took and subscribed the oath required of attornies in this State which oath is filed in the Office of the Clerk of this Court as directed by law.”
Page 180
October 19, 1857
Judge Robert Docherty
Sheriff William F Karsner
Summons for Grand Jurors: 20 July 1857 for October 19, 1857
1. Francis Wilks, farmer, Cypress
2. Thomas A Snoddy, farmer, Blue Water
3. William Powers, farmer, Cypress
4. John Kenney, farmer, Cypress
5. Richard J Andrews, Grocer, Rodgersville
6. Moses Ingram, farmer, Blue Water
7. Henry ? Simmons, farmer, Cypress
8. John G Smithson, farmer, Lexington
9. James Wesson, farmer, Bluff Creek
10. William T Price, Clerk, Florence
11. Bayler E Bourland, farmer, Rodgersville
12. James Wright, Founder, Coxes Creek
13. Henry A Hart, farmer, Bluff Creek
14. Stanton Flynt, farmer, Reserve
15. John S Watkins, farmer, Cowpen
16. John T Callahan, farmer, Lexington
17. John Scott, farmer, Waterloo
18. James B Irvine, farmer, Reserve
Bailiff: Samuel B Hudson
Richard J Andrews having been excused by the Court on account of being over 60 years of age.
Page 181
October 19, 1857
“Ordered by the Court that William Jones pay a fine of one dollar for smoking in the Court House and said fine was paid into Court.”
October 20, 1857
Summoned for Pettit Jurors:
1. John Young, farmer, Cypress
2. John W Skpworth, farmer, Rolly Bolly
3. William A McKelvey, farmer, Bluff Creek
4. Jonathan Paulk, farmer, Cypress
5. Al B M Springer, farmer, Second Creek
6. William B Littleton, Merchant, Rawhide
7. Levi Partrick, farmer, Rodgersville
8. John R? Olive, Overseer, Reserve
9. Andrew J Kelley, farmer, Cypress
10. Alfred Casey, farmer, Centre Star
11. Andrew Blair, farmer, Florence
12. Artemus Parker, farmer, Waterloo
13. David Gresham, farmer, Coxes Creek
14. Harrison H Wesson, farmer, Coxes Creek
15. John W Briggs, Merchant, Lexington
16. Thomas Young, farmer, Cypress
17. Shadrack E Cross, farmer, Six Mile Creek
18. Joseph K Munn, Mechanic, Sinking Creek
19. Thomas C Irion, farmer, Bluff Creek
20. William N? Estes, farmer, Lexington
21. Robert McCarley, Clerk, Cypress
22. Robert T Kernachan, farmer, Reserve
23. William B Tays, farmer, Blue Water
24. William H Key, farmer, Reserve
25. Joseph Ijams, farmer, Cypress
26. Joseph Brahan, farmer, Florence
27. John C McMahan, farmer, Six Mile Creek
28. Francis H Jones, farmer, Shoal Creek
29. Sherrod White, farmer, Second Creek
30. John W Chisholm, farmer, Cypress
Issued 20 July 1857
Page 183
October 20, 1857
#5911
William H Harrison & Bro vs Josiah Darby
Suit dismissed - plaintiff to pay costs
Page 183
October 20, 1857
#6169
Jonathan Bailey vs Josiah Darby
Death of Plaintiff. A Scierifacias issue to his Representative, when known, and that this cause be continued.
Page 188
October 20, 1857
#6591
Pugh Houston vs Young A Gray, John B Boggs, Jane Irion and Sisters, George R Lybrook, William F Turnley, Robert C Bumpass, Wilson Carroll, John W Baker, James Waites and Henry D Smith, Garnishee
Plaintiff no longer wishes to prosecute suit - plaintiff to pay costs
Page 194
October 21, 1857
“This day came William Boumheim? and filed in open Court a certificate from the Clerk of the Circuit Court of Davidson County in the State of Tennessee of his intention to become a Citizen of the United States which is in the words and figures following, to wit, ‘United States of America, State of Tennessee, County of Davidson Before the Clerk of the Circuit Court appeared William Bournheim a native of Germany aged thirty six years who being duly sworn upon his oath declares that it is bona fide his intention to become a citizen of the United States and to renounce forever all allegiance and fidelity to every foreign Prince Potentate or Sovreignty whatever and particularly to the King of Saxony, of whom he is at present a subject.’
William Bournheim
Sworn to and subscribed before me this 22nd day of May 1855
Tho T Smiley?, Clerk
By A C Nowell, DC
State of Tennessee, Davidson County
I Thomas T Smiley (Clerk of the Circuit Court within the County of Davidson) Certify the above to be a true transcript of the record as the same now remains in my office. In Testimony whereof I have hereunto set my hand and affixed the seal of said Court at office in the City of Nashville this 22nd day of May A D 1855 and in the 79 of American Independence
Thos T Smiley, Clerk, By A C Nowell D C”
Page 194
October 21, 1857
“This day came Joseph Miller and brought into Court his declaration of intention to become a Citizen of the United States of America which is in the words and figures following, to wit, 'This day came Joseph Miller before me Richard B Baugh Clerk of the Circuit Court of Lauderdale County Alabama and makes oath that he bona fide intends to become a Citizen of the United States and renounce forever all allegiance and fidelity to any foreign Prince, Potentate, State or Sovreignty whatever, and particularly to Maximillian 2nd King of Bavaria and his successors in office in whose dominion he was born
and whose subject he is, he further declares on his oath that he was born in the Kingdom of Bavaria the 19th of March 1819. And he sailed from Bavaria on 14 September 1845, and landed in the City of New Orleans in the state of Louisiana in October 1845. And has resided in the United States ever since. And in the Town of Florence State of Alabama since the ___ day of December 1845. Joseph Miller’”
Sworn to and subscribed in open Court before me this 21st day of Oct. 1857.
R B Baugh, Clerk
Page 195
October 21, 1857
“This day came Mike Kackelman and brought into Court his declaration of intention to become a Citizen of the United States of America in the words and figures as follows, to wit, ‘This day Mike Kackleman appeared before me Richard B Baugh Clerk of the Circuit Court of Lauderdale County Alabama, and makes oath that he bona fide intends to become a Citizen of the United States and renounce forever all allegiance and fidelity to any foreign Prince Potentate, State or Sovreignty whatever and particularly to Maximillian King of Bavaria and his successors in office, in whose dominion he was born and whose subject he is. He further declares on his oath that he was born in the Kingdom of Bavaria 7th December 1824, and he sailed from Bavaria on the 12 of September 1852 and landed in the City of New Orleans State of
Louisiana US. on 24 November 1852 And has resided in the United States ever since And in the City of Louisville State of Kentucky and Town of Florence Alabama since 12 Sept 1855.
Michael Kackelman
Sworn to and subscribed before me in open Court this 21st day of Oct 1857.
R B Baugh, Clerk
Page 197
October 22, 1857
#6650
Ferdinand Sannoner and his wife Francis Sannoner vs Alexander M Hannay
Continued by defendant
#6653
J M Elder vs James M Conner
Conner defaulted - to pay Elder $125.00 plus damages and costs.
Page 199
October 22, 1857
“This day appeared in open Court Christopher Rowell and made application to be admitted to practise in the Several Circuit, Chancery and Probate Courts of this State, and the said Rowell having shown to the Court by his own affidavit that he is of the age of twenty one years, and having also shown by evidence satisfactory to the Court that he is of good
moral character - and the said applicant having thereupon been duly examined in open Court touching his knowledge of the law of Real property, of the law of personal property, of the law of pleading and evidence, of the Commercial law, of Chancery and Chancery Pleading, and of the Statute Laws of this State - And the said Christopher Rowell having on said examination been found to be duly qualified in all the branches of Law above specified - It is therefore ordered by the Court that said Christopher Rowell is of the age of twenty one years, is of good moral character, and possesses the requisite qualifications of learning and ability to practise in the several Courts of this state above named. And thereupon the said Christopher Rowell appeared in open Court and took the oath to support the Constitution of this State and of
the United States, and not to violate the duties enjoined on him by law, which oath was duly subscribed by said Rowell and filed in the office of the Clerk of this Court. And the said Christopher Rowell therefore and hereby licensed and entitled to practise as an Attorney and Counseller at Law and Soliciter in Chancery, in the Several Courts before
specified. And the Clerk is directed on application of said Rowell to deliver to him a Transcript of this order, which Transcript shall be the evidence of his said license.”
Page 202
October 22, 1857
#6670
Joshua Paulk vs William Cox
Paulk to recover $105.85 plus $4.40 damages plus costs.
Page 213
October 22, 1857
#6731
H F Appleton and A F Dobbin Admrs of A Welborne, deceased vs Larkin Lamar
Lamar owed $6.56 besides costs of suit - levy on property: NW/4 of SE/4 and SW/4 of NE/4 S26 T1 R7 - land to be sold in order to pay debt and costs - also the costs of this suit in this behalf expended.
#6722
Same parties - debt of $20.00 - levy on same land
Page 217
October 22, 1857
John Harrison vs William Thompson
Debt of $39.30 besides costs. Levy on land - S/2 of NW/4 also the NW/4 of NW/4 of S7 T2 R9 - land to be sold
Page 220
October 26, 1857
Summons for Pettit Jurors: Issued 20 July 1857 for October 26, 1857
1. James Jackson, farmer, Florence
2. Willis Howell, farmer, Blue Water
3. John C Philip (Phillips), farmer, Blue Water
4. William F Turnley, farmer, Bluff Creek
5. Warren C House, farmer, Cypress
6. Samuel H Richardson, farmer, Blue Water
7. John G Hill, farmer, Brush Creek
8. James L? Holland, farmer, Cypress
9. Wiley B Edwards, farmer, Cypress
10. John Harrison, farmer, Six Mile Creek
11. William Tomlinson, farmer, Blue Water
12. John G Martin, farmer, Second Creek
13. Reuben A Reeder, farmer, Cypress
14. Francis W Boggs, Clerk, Florence
15. John M Pearson, farmer, Burcham's Creek
16. Richard Faris (Faires), farmer, Reserve
17. George W Karsner, Merchant, Florence
18. Joshua Paulk, farmer, Cypress
19. James Douglass, farmer, Centre Star
20. Wesley Brown, farmer, Second Creek
21. William B Young, farmer, Cypress
22. Walter M Haraway, farmer, Rogersville
23. Champion Anderson, farmer, Reserve
24. Mark Richardson, farmer, Centre Star
25. Aaron Clemmons, farmer, Cowpen
26. James B Price, farmer, Sweet Water
27. Enoch R Garner, farmer, Cypress
28. Samuel Landman, farmer, Second Creek
29. Alexander Beckwith, farmer, Reserve
30. Benjamin H Allen, Teacher, Centre Star
Page 221
October 26, 1857
#962
State vs Robert R Chaney - Larceny
#917
State vs Kelly Stegall - Manslaughter
#943
State vs Christopher Stutts - Receiving stolen goods
#951
State vs Alexander Whitehead - Murder
#997
State vs John R Peeden - Murder
#999
State vs John K Peeden - Gaming
#1009
State vs Major M Price - Perjury
#1011?
State vs Mayberry White - Perjury
#1030
State vs David P Gant - Gaming with Minor
#1043
State vs Jacob McGhee - Adultery
#1066
State vs Joseph King - Murder
#1074
State vs Arthur Fall? - Dealing Faro
#1075
State vs William D Robinson - Dealing Faro
#1077
State vs Thomas Holmes - Gaming
#1080
State vs William? B Halcomb - Gaming
#1081
State vs William S Turner - Gaming
#1087
State vs Wiley Hathcock - Perjury
Page 223
October 26, 1837
“In open Court came Samuel Halcomb and agreed to pay the State of Alabama one hundred dollars if ________ Halcomb (his wife) fails to appear at the next term of this Court to give evidence against George B Martin charged in a bill of Indictment against him for Bastardy, and remain from day to day and from term to term till she is discharged by law.”
Page 223
October 26, 1837
#1354
State vs Ferdinand J Sannoner and Thomas Harmon
Indictment for selling liquor to Students. Came ___________ Stewart, William Lowe and __________Menifer in open Court and agreed to pay the State of Alabama one hundred dollars each unless they appear at the next Term of this Court and from term to term thereafter to give evidence against the defendants in above cause until they be discharged by law.
#1355 and #1356 - Same against just F J Sannoner
(Several other cases against Sannoner for selling liquor to students - other charges, also)
Page 225
October 26, 1857
State vs Levi Doolen
Trading with a slave
Page 225
October 26, 1857
#1177
State vs Christopher Stutts
Adultery
Page 226
October 26, 1857
#1226
State vs George W Croft
Murder
Page 226
October 26, 1857
#1250
State vs John Landman
Murder
Page 227
October 26, 1857
#1263
State vs Fielder Butcher and Mrs. Fisher
Adultery
Page 228
October 26, 1857
#1297
State vs Henry Williams and Eliza Gilbert
Adultery
#1298
State vs Elizabeth Williams
Adultery
Page 230
October 26, 1857
#1330
State vs Cantrill Stafford and Ann Johnson
Adultery
Page 231
October 26, 1857
#1341
State vs Milly Dean and Ann Johnson
Keeping a disorderly house
Page 232
October 26, 1857
“It is ordered by the Court that William Lee and Mitchell Malone be fined for talking in the Court House one dollar each.”
(Note: Paid $2.00)
Page 235
October 26, 1857
#1295
State vs Thomas Peeden and Emaline O'harrow
Adultery. Pleads guilty for living in adultery. Fine of $100.00 Thomas Shelborn and Vincent M Benham were his securities for the fine and the costs in the case
Page 239
October 27, 1857
#6724
The President and Trustees of the Florence Wesleyan University vs Thomas J Crow
Motion of Defendant and for due cause shown by affidavit as required by law, it is ordered that the venue in this case be changed to Limestone County ....
#6725 - same as above for Florence Wesleyan University vs Nathan Boddie.
Page 242
October 26, 1857
#1345
State vs Lemuel Corum and Selina Hopkins
Adultery
Page 243
October 26, 1857
#1349
State vs Randel Estes and Kelly Stegall
Gaming - Suit abate as to Estes on account of his death
Page 252
October 27, 1857
#6730
Kirkman and Rice vs William M Thompson
Debt of $7.72. Levy on land: N/2 of NW/4 S7 T2 R9, SE/4 of NW/4 S21 T2 R9
Page 253
October 27, 1857
#6723
The President and Trustees of the Florence Wesleyan University vs John Rapier
Rapier to pay plaintiffs $35.00 plus costs.
Page 254
March 29, 1858
John E Moore, Judge
William F Karsner, Sheriff
Summons for Grand Jurors: Issued 5 January 1858 for March 29, 1858
1 . William E Jones, farmer, Shoal Creek
2. William Stutts, farmer, Shoal Creek
3. John Cooper, farmer, Rodgersville
4. John F Alexander, farmer, Shoal Creek
5. John W Cannon, Merchant, Bluff Creek
6. Jesse Dewberry, farmer, Cypress
7. Sterling A Nance, farmer, Rodgersville
8. Henry W McVay, Physician, Florence
9. John B Boggs, farmer, Bluff Creek
10. Thomas Ingram, Blacksmith, Florence
11. Lewis M Isbel, farmer, Reserve
12. John J Crittenden, farmer, Second Creek
13. Lewis E Powers, farmer, Rawhide
14. Spencer Rhodes, Blacksmith, Reserve
15. William W Pettus, Merchant, Lexington
16. James B Young, Overseer, Cypress
17. Peter R Garner, farmer, Cypress
18. James M Pearson, farmer, Reserve
John B Boggs, foreman
Page 267
March 30, 1858
#6733
Levi Gist, Admr of Joseph Gist, dec'd vs E P Carson
Debt of $43.00. Levy on land: NW/4 of SE/4 of SW/4 S2 T1 R10.
Page 279
March 31, 1855
#6788
William Dickson and John W Rutland Executors of Armistead Barton dec’d vs John Peters and Nathan Boddie
Plaintiffs recover the sum of $2834.22 being the balance due on the debt in the Plaintiffs complaint - plus costs.
Page 279
March 31, 1855
#6789
William Dickson and John W Rutland, Executors of Armistead Barton, dec’d vs Alexander W Beckwith Administrator of Jonathan Beckwith dec’d
Plaintiffs recover of defendants $2834.22.
Page 299
March 31, 1858
#6910
William Cox vs Jonathan Whitten and Adrian Sharp
Debt of $20.00 - Want of private property. Sale of land: S/2 of NE/4 and NW/4 of SW/4 of S16, also N/2 of SE/4 and SW/4 of NE/4 of S17 all in T1 R13 containing 240 acres. Land to be sold, or so much thereof as will be sufficient to satisfy said debt and costs. Also the costs of this suit ..
Page 302
Levy on land of C M Potts and Lemuel Corum by John S Tate in T2 R7
Levy on land of James T Davis by Davis and Porter in T1 R8
Page 303
Levy of land of A S Harrison by N M Leath in T1 R8
Page 305
Levy on land of James T Davis by Davis and Porter in T1 R8
Page 307
Levy on land of Jacob Whitehead by J T Westmoreland in T2 R8
Levy on land of William Prince by M and J Harkins in T2 R7
Page 327
April 1, 1858
#1330
State vs Stephen C Stafford and Ann Johnson
Samuel C Stafford security for costs of the case. A Capias ordered for Ann Johnson.
Page 331
April 1, 1858
#1348
State vs William Garrard
Larceny
Page 332
April 1, 1858
#1356
State vs Ferdinand J Sannoner and James Jackson
Conspiracy - Case continued on account of the sickness of R W Walker, Esq.
Page 341
April 1, 1858
“Charles Arnz came this day in open Court and produced to the Court his declaration of intentions to become a citizen of the United States of America, which was filed in this Court on the 21st day of April 1856. And it appearing to the satisfaction of the Court that the said Charles Arnz has resided in the United States of America for more than five
years, and in 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 Charles Arnz being now here in open Court after being duly sworn declares, That he will support the
Constitution of the United States of America and of the State of Alabama. And that he doth now absolutely and entirely renounce and abjure all allegiance and fidelity to every foreign Prince Potentate State or Sovreignty whatever and particularly to Frederick William the Fourth King of Prussia, of whom he was lately a subject. It is therefore considered by the Court that the said Charles Arnz be and he is hereby declared a citizen of the United States of America with all the rights Priviledges and immunities thereunto belonging.”
Page 341
April 1, 1858
“This day came William Hodgkins in open Court and produced to the Court his declaration of intention to become a Citizen of the United States of America which was filed in this Court on the 22nd day of April 1856 And it appearing to the satisfaction of the Court that the said William Hodgkins has resided in the United States of America more than five
years and in the State of Alabama 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 of America and well disposed to the good order of the same. And being now here in open Court duly sworn, the said William Hodgkins declares that he will 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 Prince, King, Potentate, State or Sovreignty whatever and particularly to Victoria Queen of the United Kingdom of Great Brittain and Ireland whose subject he has lately been.
It is therefore considered by the Court that the said William Hodgkins be and he is hereby declared a Citizen of the United States of America, with all the rights, priviledges and immunities thereunto belonging.”
Page 342
April 1, 1858
“This day came in open Court Theopholis Allen Jones and makes oath that he has been admitted to practice as an attorney and counsellor at law in all the Courts of the State of Virginia, and the said Theopholis Allen Jones having sworn by his affidavit in open Court that he will support the Constitution of the State of Alabama and the Constitution of the
United States of America. And that he will not violate the laws of this state imposed upon him as an attorney and Counsellor at law, and that he will in all things demean himself as such attorney and Counsellor at law to the best of his ability. And from sufficient evidence it appearing to the satisfaction of the Court that the said Jones is a man of good moral character and thereupon been duly examined in open Court touching his knowledge of the law of Real property of the law of personal property of the law of pleadings and evidence of the Commercial law, of the Criminal law of Chancery and Chancery pleading, and of the Statute laws of this State, And the said Theo Allen Jones having been found to be duly
qualified in all the branches of the law above specified. It is ordered by the Court that the said Theopholis Allen Jones is of good moral character and possesses the requisite qualifications of learning and ability to practice in the several courts of this state above named. The said Theo Allen Jones is therefore and hereby licensed to practice as an attorney and Counsellor at law and Solicitor in Chancery in all the Courts of the State of Alabama. And the Clerk is directed on application of said Jones to deliver to him a Transcript of this order which Transcript shall be the evidence of his said License.”
Page 343
April 1, 1858
#6558
James Jackson vs Young A Gray and Elizabeth Childress, Contestant
“Came the parties by their attornies and the Plaintiff alledges the property levied upon in this cause to be the property of Young A Gray the defendant in Attachment, and Elizabeth Childress claims the same as her property, and the issues being joined, Came a Jury of good and lawful men to wit Thomas M Phillips and eleven others who being elected charged and sworn well and truly to try the issues joined in this cause upon their oaths do say, We the Jury do find the issues for Elizabeth Childress the Claimant. It is therefore considered by the Court that said Complainant recover of the Plaintiff the costs of this suit in this behalf expended.”
Page 344
April 1, 1858
#6557
Levi Todd vs Samuel D Beloate and Elizabeth S Beloate
Defendant Samuel D Beloate having answered that he was not indebted to Basil W O’Neal, he was discharged by the Court. And the defendant Elizabeth S Beloate having answered by way of plea says she is a married woman and her husband living and she has no separate estate except that which she has by the will of her father James Noel which is vested in a Trustee for her use to which plea the plaintiff demurs - demurrer overruled ... defendant discharged, plaintiff pay costs of suit.
#6948
Levy on land of Samuel Culvers, Cyrus Black and John Letchworth by Cook and Ross - land E/2 of SW/4 of S27 T1 R15. Debt of $24.00
#6924
Levy on land of Thomas Mackey by Joseph Douglass - NW/4 of S13 T1 R9. Debt of $14.78.
Page 345
April 1, 1858
#6941
Levy on land of John T Lee, Joseph Young and Skelton Scott by A B Moon, Governor of the State of Alabama
SW/4 of NE/4 and W/2 of SE/4 and E/2 of SW/4 S16 T1 R13 - Debt of $42.10.
#6942
Andrew B Moon, Governor of the State of Alabama vs Jonathan Whitten and Joseph Young
Debt of $10.70. Levy on land: SW/4 of NW/4 and SE/4 of NW/4 and NW/4 of SW/4 of S16, T1 R13.
#6855
Adrian Sharp vs Richard M Beckwith and George G Armistead
Case continued
Page 346
April 1, 1858
#6803
Morrison and Melvin vs The President and Trustees of the Florence Wesleyan University
Page 347
April 1, 1858
#6931
Clark and Sample vs The President and Trustees of the Florence Wesleyan University
Page 348
April 3, 1858
#6764
William C Williams vs Moses Askew
“Came the plaintiff by his attorney and came the Garnishee (Dennis Holden) and filed his answer in writing, stating that he bought a Horse from the deft in attachment Moses Askew and paid in cash twenty nine dollars and was to pay the balance at some other time and that the Horse at the time of the purchase was in the possession of Aaron Askew and he
would not give up the Horse until said Garnishee agreed to pay him what Defendant owed him as he claimed a lien on the Horse for $40.00. It is therefore considered by the Court that a notice issue to Aaron Askew to appear at the next term of this Court and Contest said claim and that this cause be continued.”
Page 349
April 3, 1858
No case number
State vs Burgess Croney, Jr.
Trading with a slave. Croney didn’t appear - forfeited bond. The State of Alabama for the use of Lauderdale County recover of Burgess Croney Jr and Thomas Covington $400.00 unless they appear at the next term of this court ....
Page 349
April 1, 1858
State vs William H Davis
William H Davis agreed to pay the State of Alabama $100.00 unless he appeared at this term of the Court and testified in behalf of the State and against Fedel Schuler who is charged with a public offence. ... avis didn’t appear - to pay $100.00 unless he appear at the next term ....