Lauderdale County, Alabama
Circuit Court Records
1856 - 1860
Pages 351 - 579
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 351
October 4, 1858
S D Hale, Judge
William F Karsner, Sheriff
Summons for Grand Jurors: Issued 25 June, 1858 for October 4, 1858
1. John Wesson, farmer, Cypress
2. Reason H Rawlings, Grocer, Waterloo
3. Joseph H Morton, farmer, Cowpen Creek
4. Caleb H Stafford, farmer, Shoal Creek
5. Reuben S Littleton, farmer, Cypress
6. John Peters, farmer, Reserve
7. Stephen J Matthews, farmer, Lexington
8. Moses Duncan, farmer, Reserve
9. Thomas T Allington, farmer, Shoal Creek
10. Mitchell Malone, farmer, Reserve
11. Hiram J Hoge, farmer, Coxes Creek
12. Bluford T Allen, farmer, Blue Water
13. Jesse W Brooks, farmer, Taylor Springs
14. James M Weems, Clerk, Florence
15. Samuel D Weakley, Factor, Florence
16. Michael Olive, farmer, Cypress
17. Jesse T Austin, farmer, Cypress
18. William Koger, farmer, Reserve
Also summoned:
William B Young
John Harrison
Thomas M Phillips
Stanton Flynt
Peter A Andrews
John S Simpson
William Kounce
George G Armistead
William F Turnley
James Bevis Sr.
“All of whom being free holders or House holders of Lauderdale County”
Samuel B Hudson - Bailiff
Page 355
October 4, 1858
#6803
Morrison and Melvin vs The President and Trustees of the Florence Wesleyan University
Judgment against the defendant for $1121.60 plus costs
Page 358
October 4, 1858
No Case Number
Clark and Sample vs The President and Trustees of the Florence Wesleyan University
Judgment for plaintiffs for $604.50 plus costs
Page 358
October 4, 1858
Pettit Jurors:
1. Murrell Askew, farmer, Blue Water
2. William S? Rice, farmer, Blue Water
3. Herbert A Tucker, Machinist, Coxes Creek
4. John Cohom???, farmer, Cowpen
5. Richard J Ball, farmer, Rodgersville
6. George W Hughes, farmer, Reserve
7. Calvin Kee, Blacksmith, Cowpen Creek
8. Pleasant M Cunningham, farmer, Waterloo
9. John C Fuqua, farmer, Rodgersville
10. George R Summerhill, farmer, Panther Creek
11. William C Phillips, farmer, Centre Star
12. George M? W? Whitehead, farmer, Second Creek
13. Matthew Harrison, farmer, Mill Creek
14. Young A Gray, Brick Mason, Florence
15. Walter Glenn, Jr, Florence
16. William A McPeters, farmer, Centre Star
17. Philomon D White, farmer, Second Creek
18. Charles B Jones, farmer, Blue Water
19. David J Jones, farmer, Cypress
20. John Wilkinson, farmer, Little Cypress
21. Thomas J Bean, farmer, Lexington
22. Wilson Phillips, farmer, Blue Water
23. John B Wallis, farmer, Cypress
24. Anderson Ham, farmer, Cypress
25. Presley W Hardin, farmer, Centre Star
26. Jasper N McCarley, Merchant, Ingrams Cross Roads
27. David Belew, farmer, Cypress
28. William A Cox, farmer, Cypress
29. William Pratt, farmer, Anderson Creek
30. John Ragsdale, farmer, Florence
Page 359
Grand Jury for Fall Term 1858 - 4 October 1858:
Samuel D Weakley, foreman, Jesse Brooks, Stanton Flynt, Bluford T Allen, Cobb A Stafford, James Bevis Sr, James M Weems, Hiram J Hoge, William F Turnley, Thomas T Allington, Jesse Austin, George G Armistead, Mitchell
Malone, Reuben Littleton, Michael Olive, Stephen J Matthews, Peter A Andrews, Joseph H Morton
Page 375
October 6, 1868
#6998
McAlister Simpson & Co vs Ferdinand J Sannoner
Plaintiff to recover of the defendant $378.00 debt and $53.20 damages plus costs.
Page 387
October 6, 1858
#7068
Alexander W Beckwith Admr of Jonathan Beckwith dec'd vs James Caruthers Executor of Henry Smith dec'd, James H Witherspoon, David C. Williams, John Peters. -
Attachment - case continued
Page 388
October 5, 1858
Appointment of Commissioners to value lands for Branch Railroad “This day appeared in open Court the Memphis and Charleston Rail Road Company by Attorney, and presented their Petition representing to the Court that said Company are under the authority of their Charter building a Branch Rail Road from Tuscumbia to Florence in said County of Lauderdale. That there are some lands in said County which will be required by said Company for the purpose of constructing said Branch Road which the Company cannot purchase from the owners because they are unable to agree on any contract for the same - and praying the appointment of Commissioners to value, under said Charter, the lands in said County required for the purpose of constructing said Branch Road, which the said Company may be unable to purchase by contract or
agreement with the owners thereof. It is therefore considered by the Court that Charles Gookin, Zebulon P Morrison, George W Sneed, Josiah Pollock, and Frank W Irvine be appointed Commissioners to value the said lands according to the directions of said Charter, and return their said valuations to the next Term of this Court. It is further ordered that
the Clerk of this Court issue a notice requiring the Sheriff of said County to summon the said Commissioners to make said valuations.”
Page 394
October 6, 1858
#7064
Levy on land of Selena Hopkins by Tapp and McCarly - NE/4 of SW/4 and
NW/4 of SE/4 of S6 T2 R7 - debt of $27.12.
Page 411
October 7, 1858
#1345
State vs Samuel Corum and Selena Hopkins
Adultery
Page 413
October 7, 1858
State vs Ferdinand J Sannoner and James Jackson
Conspiracy
“Came the Solicitor who prosecutes in behalf of the State of Alabama and the defendants in their own proper person, and the defendant now here moves the Court to quash the Indictment in this Cause, because it charges no offence known to the law, which motion after being argued by the Solicitor for the State and the defendants Counsel, said Motion to quash was sustained by the Court. The Court thereupon order that the defendants be recognized in the sum of $1500.00 each to appear at the present term of this Court to answer a new bill of Indictment to be found at this term of the Court. Thereupon came the said James Jackson and Ferdinand J Sannoner and acknowledged themselves to owe and be indebted to the State of Alabama the sum of $1500. each if they fail to appear at the present term of this Court, and from day to day, and from term to term until they are discharged by law, to answer a bill of Indictment to exchange? against them for Conspiracy.”
Page 419
October 7, 1858
#1415
State vs Lewis Canterbury
Keeping a Ten Pin Alley without a license - fine of $30.00. Levi Partrick his security.
#1417
State vs Charles Arnz
(New Citizen) - Indicted for selling liquor to slaves - pleads not guilty. Jury found him guilty - fine of $50.00 plus costs (Note in margin: “Fine and costs paid in Court.”)
Page 421
October 7, 1858
No Case Number
The River Bank vs Horace Summerhill
Plaintiffs damages - $1400.00
Page 425
October 9, 1858
#1418
State vs Fedel Shuler (New Citizen)
Selling Liquor to Students - Fedel Shuler and Alexander W Falk gave bond of $100.00 - to appear at next term of Court.
Page 427
October 7, 1858
#1428
State vs John Coates
Keeping a disorderly house. Jury found him guilty - fine of $20.00 plus costs. Benjamin F Chisholm his security.
Page 430
October 8, 1858
#1445
State vs George B Martin
Bastardy - “for sufficient cause appearing to the satisfaction of the Court It is ordered by the Court that this prosecution be dismissed and that the defendant go hence.”
Page 430
October 8, 1858
#1447
State vs John Rosenberry
Charged in a bill of indictment for taking and carrying away from a dwelling house, one pair of pants, one shirt and one pair of shoes - jury found him guilty. Sentenced to 6 year in Penitentiary to follow 6 six years of another conviction for larceny in Dwelling - carrying away one pair of pants.
Page 431
October 7, 1858
#1448
State vs Robert W Hawkins
Carrying a concealed pistol, pleads guilty, fine of $50.00 plus costs
Page 435
October 7, 1858
#1468
State vs Young A Gray and James B Gray
Murder - ask for a change of venue - venue to be changed to Town of Frankfort in Franklin County
Page 436
October 7, 1858
#1437
State vs Fedel Shuler (New Citizen)
Retailing (liquor without a license) - He and Alexander Falk gave bond of $100.00 each - didn’t appear in court
Page 437
October 7, 1858
#7073
Nathaniel M Leath vs James Lovel
Lovel owed Leath $10.77. Levy on property: S/2 of NW/4 of S10 T2 R8 - to be sold to satisfy debt and costs.
Page 437
October 4, 1858
“This day appeared in open Court John C Posey and made application to be admitted to practice in the Several Circuit, Chancery and Probate Courts of this state, And the said Posey having sworn 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 said applicant having thereupon been regularly examined in open Court touching his knowledge of Real property, of the law of personal property, of the law of Pleading, and evidence, of the Commercial law of ? law of the law of Chancery and Chancery Pleading and of the Statute law of this State, and the said John C Posey having on said examination been found to be duly qualified in all the branches of the law aforesaid. It is therefore considered by the Court that the said John C Posey of the age of Twenty one years of good moral character and possesses the requisite qualifications of learning and ability to practice in the several Courts of this state as above specified. And therefore the said John C Posey appeared in open Court and took the oath to support the Constitution of this State. And of the United States and not to violate any of the duties enjoined on him by law, which oath was duly subscribed by said Posey. And filed in the office of the Clerk of this Court, and the said John C Posey is hereby Licensed and entitled to practice as an attorney and Counsellor at law and Solicitor in Chancery in the several Courts before specified, and the Clerk is ordered, on application of said Posey to deliver to him a Transcript of this order which Transcript shall be the evidence of his said License.”
Page 438
October 8, 1858
Grand Jury Report
“The Grand Jury of Lauderdale County returned into Court the following report which is ordered to be placed upon the minutes of the Court The State of Alabama Lauderdale County Circuit Court, October Term 1858. To the Hon S D Hale, presiding Judge of said Court. The Grand Jury of said County respectfully reports that they have, as required by law, made a personal inspection of the condition of the County Jail, in regard to its sufficiency for the safe keeping of prisoners, their accomodation and health; and they have inquired into the manner in which the same has been kept, since the last term and they report the following as the result of their examination and inquiries on this subject. They find that the Jail is entirely sufficient for the safe keeping of prisoners, but it is not now, nor has never been sufficient for their
accomodation and health. In the construction of the building no means have been provided for the proper ventilation of the apartments occupied by prisoners, or for warming the same in winter. The result is that the atmosphere of the jail is at all times damp and unhealthy, And there being no fire places, stoves, furnaces or any other warming apparatus
whatever, prisoners confined in the Jail during winter are denied all access to fire. The floor of the lower story of the Jail in which all male prisoners are confined is near the ground and quite open, and thus the rooms on this floor are rendered unusually damp and cold during the winter season. Confinement in those apartments as they are at present furnished, during the Winter season, would therefore seriously endanger the health of prisoners. This is the opinion of the Grand Jury formed from personal inspection, and they have been furnished with the written opinion of three of the leading physicians of the Town of Florence to the same effect. To obviate these defects, the Grand Jury would recommend to the
Commissioners Court the immediate laying of a close floor, over the present floor, and the introduction without the delay of stoves in the lower rooms with pipes passing through the upper floor. This could be done at slight expense, and without affecting the sufficiency of the Jail, for the safe keeping of prisoners. And the Grand Jury do not hesitate to say that common humanity demands that it should be done without delay. As the Jail is at present arranged prisoners are forced to sleep upon the open floor above mentioned. The Grand Jury are of the opinion that their health would be much better provided for, by allowing the introduction of cots or light bead-steads. As to the manner in which the Jail has been kept since the last term, the Grand Jury are compelled to report that it has been by no means well kept. The Southern room on the lower floor they found to be in an exceedingly filthy and offensive condition. This room is occupied by two prisoners confined to awaittheir trial for misdemeanors. In the corner of this room the Jury found a large earthen vessel, placed there for the private use of the prisoners. This as the Grand Jury are advised is removed but once a week. The stench in the apartment was most offensive. Upon an inspection of the other room on the same floor, the Jury found a similar vessel used for the like purpose, and removed but once a week. This room was occupied by no less than five prisoners, at the time of the visit of the Grand Jury. The Jury are advised until very recently the prisoners in the room last mentioned, have been furnished with no vessel into which to empty the water used by them for washing, but the same had to be poured, after being used, through the cracks in the floor, thus necessarily increasing the dampness of the atmosphere. The Jury are decidedly of the opinion that such vessels as those referred to, should be removed at least once daily. Prisoners have until recently been denied either chairs or lights. Most of the persons who are confined in our County Jail, are placed there simply for their safe keeping until they cam be tried. The law presumes that they are innocent until they have been convicted, and as they are confined only for safe keeping, and not for punishment, they should be allowed all ordinary comforts, which are not inconsistent with their secure confinement. The Grand Jury have
been so strongly impressed with the improper manner in which the Jail has been kept that they have felt disposed to return an indictment against the Jailor. - But upon consultation with the Solicitor, they were advised that it was questionable whether a Jailors neglect of his duties in keeping the Jail, was in the present state of the Law, an
indictable offence. And they therefore unanimously recommend the dismissal of the present Jailor. The Grand Jury have also examined into the condition of the County Treasury, and the bonds of County officers with regard to their
correctness and sufficiency; and they report that the business of the County Treasury has been well performed by the present Treasurer and that his accounts have been satisfactorily kept. They further report that the bonds of all the County officers are correct and sufficient. S D Weakley Foreman, G G Armistead, J Y Austin, H I Hoge?, P A Andrews, Caleb A Stafford, James Beavers, B T Allen, Stanton Flint, Wm F Turnly, Joseph H Morton, J W Brooks, Thomas T Allington, S J Matthews, Michael Olive, Reubin L Littleton, James M Weems.
Page 440
October 5, 1858
State vs Young A Gray and James B Gray
“This day the Grand Jury of Lauderdale County having returned into Court a bill of Indictment charging Young A Gray and James B Gray with the murder of Edwin L Lester, whereupon the Court ordered that they should be brought into open Court and arraigned, which was accordingly done, and the Solicitor then read to them the bill of Indictment charging them as aforesaid, of the murder of said Edwin L Lester, and to which they pleaded “not guilty.” And was by the Court remanded back to Jail to await their trial.
Page 441
October 7, 1858
#1468
State vs Young A Gray and James B Gray
“Came John S Kennedy Solicitor etc., And on his motion and it appearing to the satisfaction of the Court that one John R Beale who is a material witness for the State on the trial of the above styled cause, has eluded and evaded the Service of a Subpoena, and it further appearing to the satisfaction of the Court that the said John R Beale will not only continue to elude and evade the Service of a Subpoena, and that he would not obey the mandate of a Subpoena if served upon him, and the the only process that will in all probability bring said Witness to Court will be an attachment. It is therefore considered by the Court that an attachment issue against said John R Beale commanding the Sheriff to attach the body of the said Beale, and commit him to Jail so as to have him in Custody and bring him before the Judge of the Next Circuit Court for the County of Franklin County to testify in behalf of the State in said cause unless the said Beale give bond and good security in the sum of Three Thousand dollars for his appearance as aforesaid from day to day and term to term of said Court and until he be discharged by law. It is therefore ordered by the Court that branch attachments issue to the Sheriff of Madison County, to the Sheriff of Perkins County and to the Sheriff of Mobile County.” Note in margin: “Attachment issued 29 Nov 1858”
Page 442
October 7, 1858
State vs Young A Gray and James B Gray
“Came the Solicitor Jno S Kennedy who prosecutes upon behalf of the State, and on his motion the following witnesses in this cause to wit, Neander H Rice, Henry C Martin, Harry? C Wood, Robert S Bliss, Maxwell Kingsbery, Clifton Walker, Robert McCoriston, Robert W Foster, John A Lyons, John M C Hooks, Abner Beard, William B Taylor, Andrew Amonett,
William T Karsner, were called into Court and the said witnesses severally acknowledged themselves each for himself indebted to the State of Alabama in the sum of one hundred dollars well and truly to be paid if they or either of them should fail to attend at the next term of the Circuit Court to be held for the County of Franklin in said State and from day to day and term to term and give evidence in said cause on behalf of the State or unless otherwise discharged by law.”
S D Hale, Presiding Judge
Page 444
April 4, 1859
John E Moore - Judge
William F Karsner - Sheriff
Summons for Grand Jurors: Issued 24 November 1858 for April 4, 1859
1. John McGuire, Grocer?, Lexington
2. Charles Gookin, Clerk, Florence
3. John Walston, Florence (Should be farmer?), Reserve
4. Benjamin J? Chisholm, farmer, Blue Water
5. Neander H Rice, Merchant, Florence
6. William G Lucius, farmer, Spains
7. William C Bailey, farmer, Butlers Creek
8. Partrick H Hewett, farmer, Reserve
9. Isaac Whitset, farmer, Waterloo
10. Robert Austin, farmer, Cypress
11. Dempsey D Bulls, farmer, Blue Water
12. George W Foster, farmer, Florence
13. Thomas J Crow, Inn Keeper, Florence
14. John Burrow, farmer, Blue Water
15. Alexander D Coffee, farmer, Cypress
16. Thomas Covington, farmer, Second Creek
17. Sydney F Tate, Merchant, Florence
18. Zebulon P Morrison, Undertaker, Florence
Those who failed to appear and were excused: Isaac Whitsett, Neander H Rice, George W Foster, Zebulon P Morrison, Charles Gookin, Sidney F Tate.
Others who were summoned:
Jno W Smith
J J Bailey
J C McMahan
Jno Harrison
C B Hill
W B Young
Final Jury: John W McGuire, John Walston, Benj. F Chisholm, W G Lucas, W C Bailey, Partrick H Huett, Robert Austin, Dempsey D Bulls, Thos J Crow, John Burrow, Alex. D Coffee, Thos Covington, John W Smith, J J Bailey, Jno. C McMahan, Jno Harrison, C B Hill, William B Young
Page 448
April 4, 1859
Summons for Grand Jurors: Issued 24 March 1858 for March 25, 1859
1. Berry McDaniel, farmer, Cowpen
2. Joseph T? Bourland, farmer, Cypress
3. Shepherd N Rhodes, farmer, Bluff Creek
4. Simpson A Williams, farmer, Blue Water
5. William R Anderson, farmer, Cypress
6. Thomas Dewberry, farmer, Cypress
7. Edward Roach, farmer, Cypress
8. Robert Phillips, farmer, Blue Water
9. James H Simpson, farmer, Shoal Creek
10. William L Olivar, Merchant, Rodgersville
11. John Harrison, farmer, Masonville
12. Thomas Burnside, Merchant, Florence
13. John W Briggs, Merchant, Lexington
14. Wesley Williams, farmer, Second Creek
15. William M Pratt, farmer, Andersons Creek
16. James L Holland, farmer, Cypress
17. Jasper N Bean, Merchant, Florence
18. Wilson Carroll, farmer, Bluff Creek
19. William McGhee, farmer, Stutts
20. Alexander W Beckwith, farmer, Reserve
21. John McCabe, farmer, Baileys Springs
22. Allen W Howell, farmer, Butlers Creek
23. John McCorkle, farmer, Cypress
24. Anderson P Neeley, farmer, Rodgersville
25. William C Reeder, Merchant, Oakland
26. Henry S Simmons, farmer, Cypress
27. James R Price, farmer, Sweet Water
28. Westley W Stutts, farmer, ?? Lanis??
29. John W Tapp, farmer, Centre Star
30. John C West, farmer, Ingrams Cross Roads
Page 454
April 5, 1859
“Tuesday April 5th 1859
The State of Ala Lauderdale County This day appeared in open Court Stephen D Harmon and made application to be admitted to practice in the Several Courts Chancery and Probate Courts in this State, and the said Herman having shown to the Court by his 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 been duly examined in open Court touching his knowledge of real property, of the law of Personal property of the law of Pleading and evidence, of the Commercial law, of the Criminal law, of Chancery and Chancery Pleadings, and of the Statute laws of this State. And the said Stephen D Herman 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 the said Stephen D Herman is of the age of twenty one years, 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, and thereupon the said Stephen D Herman appeareth 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 Herman. And filed in the office of the Clerk of the Court, And the said Stephen D Herman and therefore and hereby licensed and entitled to practice as an attorney and Counsellor at law, And Solicitor in Chancery, in the Several Courts before specified, And the Clerk is ordered on application of said Herman to deliver to him a Transcrip(t) of his order which Transcrip(t) shall be the evidence of his said License.”
Page 455
“Tuesday April 5th 1859
This day appeared in open Court Malakiah A Carter and made application to be admitted to practice in the Several Circuits, Chancery and Probate Courts of this State, and the said Carter having sworn 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 said applicant having thereupon been regularly examined in open Court touching his knowledge of real property, of the law of Personal property, of the law of pleading (and evidence) of the Commercial Law, Criminal Law of the law of Chancery and Chancery pleadings and of the Statute law of this State, and the said Malakiah A Carter having on said Examination been found duly qualified in all the branches of the law aforesaid, It is therefore considered by the Court
that the said Malakiah A Carter of the age of twenty one years of good moral character and possesses the requisite qualifications of learning and ability to practice in the several courts of this State as above specified and therefore said Malakiah A Carter appeared in oppen Court and took the oath to support the Constitution of this State, and of the
United States, and not to violate any of the duties enjoined on him by law, which oath was duly subscribed by said Carter, and filed in the office of the Clerk of this Court, and the said Malakiah A Carter is thereby licensed and entitled to practice as an attorney and Counsellor at law and Solicitor in Chancery in the Several Courts before specified. And the Clerk is ordered on application of said Carter to deliver to him a Transcript of his order which Transcript shall be the evidence of his said License.”
Page 459
April 6, 1859
#7118
Mary Coffee vs Lucius Lorance
Defendant made default - to pay Coffee $224.92, debt, plus $1.84 damages plus costs.
Page 460
April 6, 1859
#7138
Samuel F Beall A'see vs James A Letsinger, Monroe Peeden, Haywood Peeden
Plaintiff to recover of defendants $180.00 plus damages and costs.
Page 467
April 6, 1859
#7114
Charles Sharp vs William Beckwith
Suit dismissed - Plaintiff recover of defendant the costs in this behalf expended.
Page 468
April 6, 1859
#7082
Adrian Sharp vs Richard M Beckwith
“Came the Plaintiff by his Attorney and no farther wishing to prosecute this suit, and the defendant assumes the costs. It is therefore considered by the Court that this suit be dismissed and that the Plaintiff recover of the defendant the costs of the suit in this behalf expended.”
Page 470
April 6, 1859
#7148
Elizabeth Childress vs Ellis Conner and Co
Plaintiff no further wishing to prosecute this suit - Plaintiff to pay costs
Page 472
April 6, 1859
#7001
Ellen M Weakley vs Thomas J Foster
Jury - James H Simpson and eleven others - find the issues for the Plaintiff and assess her damages to the sum of $800. Foster to pay that amount plus costs of the suit.
Page 475
April 6, 1859
“This day came William D Beloate Esqu in open Court and filed in the Court his affidavit in the words and figures to wit, Circuit Court April term 1859 personally came and appeared in open Court William D Beloate who upon oath states that he will support the Constitution of the United States and of the State of Alabama so long as I continue a citizen thereof. And that he will not violate any of the duties injoined or imposed on by law. William D Beloate
Sworn to and subscribed before he, this 6 April 1859, V M Benham Clk
And the said William Beloate having produced in Court a regular license to practice law in the Several Courts in the State of Tennessee, It is therefore considered by the Court that the said William D Beloate be, and he is hereby authorised and admitted to practice as an attorney at law and Solicitor in Chancery in all the Courts in this State etc.”
Page 477
April 6, 1859
“Anthony Zumharsh came this day into open Court and produced to the Court his declaration of intention to become a Citizen of the United States of America, which was filed into this Court on the 19 day of October 1854. And it appearing to the satisfaction of the Court that the said Anthony Zumharsh has resided in the United States 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 government of the United States and well disposed to the good order of the same. And the said Anthony Zumharsh having 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 he doth now absolutely and entirely renounce all allegiance and fidelity to every foreign Prince Potentate State or Sovreignty whatever, and particularly Frederick William the fourth King of Prussia (or the present Regent of that Kingdom), of whom he was lately a subject - so help him God. Anthony Zumharsh
Sworn to and subscribed in open Court this 7 April 1859
V M Benham Clk
Anthony Zumharsh be and he is hereby declared a citizen of the United States of America.
Page 483
April 6, 1859
No Case Number
State vs Jesse Brown
Defendant charged in a bill of indictment against him for an assault with intent to kill - Said defendant Jesse Brown be carried to the Frankfort Jail, and that Madison Tims??, Joseph Spencer and William Ross are appointed as a guard to convey said defendant to said Jail at Frankfort and deliver him to the Jailor of said County of Franklin.”
Page 491
April 8, 1859
#1375
State vs Mary Peeden
Mary Peeden (now Mary Forsythe) and William Forsythe agreed to pay the State of Alabama the sum of one hundred dollars unless the said Mary Forsythe appeared at this term of the Court and answered the state of Alabama charged in a bill of Indictment against her for retailing spirituous liquor without a license. And the said Mary failing to appear and answer as aforesaid. It is therefore considered by the Court that the State of Alabama for the use of Lauderdale County recover of the said Mary Forsythe and of William Forsythe the sum of one hundred dollars each unless they appear at the next term of this Court and show cause why this judgement shall not be made final and that Sci Facias issue.”
Page 494
April 8, 1859
Memphis and Charleston Rail Road Company vs J? G Faidley? and John Kackelman
“Came the said Rail Road Company by its attorney Jno S Kennedy and produced in open Court the following Commission and the proceedings of said commissioners in relation to condemning certain lots situated in the Town of Florence and required by sid Company for the purpose of constructing their Branch Road from Tuscumbia to Florence, and for the
erection of their depot buildings, and asked that the same be placed upon the records of said Court viz:
State of Alabama
Lauderdale County
To William F Karsner Sheriff of said County
Whereas at the Fall Term of the Circuit Court held at the Court house in the Town of Florence on the first Monday after the fourth Monday in September 1858 the following order was made to wit, This day appeared in open Court the Memphis and Charleston Rail Road Company by attorney, and presented their Petition representing to the Court that said Company are under the Authority of their Charter building a branch Rail Road from Tuscumbia to Florence in said County of Lauderdale, that there are some lands in said County which will be required by said Company for the purpose of constructing said branch road which the Company cannot purchase from the owner because they are unable to agree on any contract for the same, and praying the appointment of Commissioners to value under said Charter the lands in said County required for the purpose of constructing said Branch Rail Road which the said Company may be unable to purchase by contract, or agreement with the owners thereof. It is therefore considered by the Court that Charles Gookin, Zebulon P Morrison, George W Sneed, Josiah Pollock and Frank W Irvine be appointed Commissioners to value the said lands according to the directions ofsaid Charter and return their said valuations to the next term of this Court. It is further ordered that the Clerk of this Court issue a notice requiring the Sheriff of said County to summon the said Commissioners to make said valuations. .... Witness my hand this 18th day of February 1859. Test V M Benham, Clerk
Page 495
“We the undersigned Commissioners appointed by the Circuit Court of said County as within set forth, after having been duly summoned by the Sheriff of said County and duly sworn by Benjamin F Karsner an acting Justice of the Peace in and for said County faithfully and impartially to discharge the duties assigned to us as said Commissioners met upon the premises of Lot No 310 as laid down in the plan of the Town of Florence. And proceeded to lay off one hundred and twenty five feet front off of the South part of said Lot bounded as follows, beginning at the SE corner of said lot at the corner of Court and Canal Streets and running one hundred and twenty five feet with Court Street north, thence
one hundred and twenty five feet South with Pine Street to the corner of Pine and Canal Streets, thence East with Canal Street to the place of beginning. And we have also laid off, and intimated? the right to lay down water pipes either above or below the surface of the ground on and over said Lot No 310 so as to conduct the water from the Spring above or
from the public Lot immediately North of said Lot No 310 to that portion of said Lot above described, And to assess the value of the South part of said Lot above described, And the right to conduct over the north portion of said the water from the said public spring as above set forth, at the sum of seventy five dollars, and the undersigned further states that they find that said Lot No 310 originally was owned by Thos J Crow and sold by him to one J G Faidley. Said Crow had notice of the meeting of the Commissioners that said J G Faidley is a non resident and therefore was not present, the undersigned also at the same time and place assessed the value and set apart for the use of the Depot Buildings of the M & C Railroad or the Branch thereof from Tuscumbia to Florence the north part of Lot No 309 as laid down in the plan of the Town of Florence bounded as follows, beginning at the NE corner of said Lot on Court and Canal Streets and running South with Canal Street one hundred feet thence at right angles with Court Street back with Pine Street, thence North one hundred feet to corner of Pine and Canal Streets thence E with Canal Street to the place of beginning and we assess the value of said tract or lot of ground at the sum of Fifty dollars, and report that John Kackleman is the owner of the same. The above estimates and valuations are considered the intrinsic value of the Lots set apart under all the circumstances given under our hands and seals this 4th day of February 1859 G W Sneed, C Gookin, Josiah Pollock
It is therefore considered by the Court that the said J G Faidley recover of the said M & C Rail Road Co the said sum of seventy five dollars, the value of said Lot or tract of land and it is ordered that the payment of said sum of money the fee simple title to said tract of land or lot shall vest in said Company as fully and effectually as the same may do by virtue? of the Charter for said Rail Road Co. It is further ordered by the Court that the said John Kackleman recover of the said M & C Rail Road Co the said sum of fifty dollars, the value of said Lot or tract of land and it is ordered that upon the payment of said sum of 50$ the fee simple title to said tract or lot of land shall vest in said Company as fully and effectually as the same may do by virtue of the Charter for said Rail Road Co.”
Note pasted into book: “For and in consideration of seventy five dollars to me in hand paid I hereby assign to the Memphis and Charleston Rail Road Co the ? sum of seventy five dollars on the within note I? retain the bal of this note to my self - This note being part for the purchase money of Lot No 310 in Florence - Aug 12, 1859. Thos J Crow” Note on other side from Faidley.
Page 498
April 8, 1859
Memphis & Charleston Rail Road Company - Commissioners to value land.
Page 500
April 8, 1859
#1403
State vs Thomas Harmon and Young a Gray -
Bail of $100. forfeited and to be paid.
Page 501
April 8, 1859
#141 8? 6?
State vs Fidel Shuler
Shuler charged in a bill of indictment for selling liquor to slaves pleads not guilty. Jury found him not guilty.
Page 503
April 8, 1859
#1457
State vs Fedel Shuler
Found guilty of retailing. Fine of $75.00
Page 503
April 8, 1859
#1440
State vs Charles Arnz
“Came the Solicitor etc and the death of the defendant suggested. It is therefore ordered by the Court that this suit abate.”
Cases of carrying a concealed pistol against: Charles Stewart, William H Davis, Hunt Kirkman
Page 505
April 8, 1859
#1451
State vs Hunt Kirkman - Carrying a concealed pistol
“Came the Solicitor who prosecutes in behalf of the State of Alabama and no further wishing to prosecute this defendant in the case and the defendant assuming the costs, and came Thomas Kirkman and acknowledged himself the defendants security for said costs. It is therefore considered by the Court that this prosecution be dismissed, and that the State of Alabama recover of the defendant and of Thomas Kirkman his security the costs of this prosecution in this behalf expended etc.”
Page 505
April 8, 1859
#1460
State vs Fedel Shuler
Indictment against him for selling liquor to a slave - pleads not guilty - found guilty by jury - fine of $80.00 plus cost of suit. ...”And the said defendant being unable to secure the payment of said fine and costs it is therefore ordered by the Court that he be imprisoned in the County jail of said county for the term of thirty days and that said term of thirty days commence thirty days from this date, having been previously imprisoned for thirty days, and this term to commence after that term expires.”
Page 507
April 8, 1859
#1472
State vs Ferdinand J Sannoner and James Jackson
“Came the Solicitor who Prosecutes in behalf of the State of Alabama, and by leave of the Court enters a Nolleprosequi in this Cause as to defendant Sannoner. And came James Jackson the other defendant in his own proper person. Charged in a bill of Indictment against him for Conspiracy pleads guilty thereto and for his deliverance puts himself upon the Country and the Solicitor doth? the like. And came a Jury of good and Lawful men to wit James M Simpson and eleven others who being elected charged and sworn well and truly to try said cause do say upon their oath we the Jury to fine and assess said fine to the sum of Five dollars. It is therefore considered by the Court that the State of Alabama for the use of Lauderdale County recover of the said defendant James Jackson the fine afore said by said Jury assessed. Also the costs
of this Prosecution in this behalf expended etc.”
Page 508
April 8, 1859
#1493
State vs Monroe Womble
Indictment for disturbing Religious Worship - Jury, James H Simpson and eleven others - fine of Five dollars plus costs.
#1493
State vs Monroe Womble and Lewis E Powers
Suit dismissed - defendants to pay costs.
#1495
State vs Jack Grisholm
Disturbing Religious Worship - fine of twenty dollars plus costs
#1508
State vs William Call
Disturbing Religious Worship - fine of twenty dollars plus costs
Page 510
April 8, 1859
#1507
State vs Ferdinand J Sannoner
Gaming - Cause dismissed, on the defendant assuming the payment of the costs - William H Price acknowledges him Self as Security for costs.
Page 511
April 8, 1859
#1444
State vs Thomas Knight
Indictment for Larceny in Store House. Pleads not guilty - found guilty by jury - Knight to be imprisoned in the State Penitentiary of Alabama for Six years.
Page 514
April 9, 1859
#1461
State vs Fedel Shuler
Selling spirituous liquors to a slave - case dismissed, Shuler to pay costs
#1462
State vs Fedel Shuler
S L to slave - case dismissed - costs
#1470
State vs Fedel Shuler
S L to slave - case dismissed - state to recover of Shuler and Alexander W Falk the costs of this prosecution
#1474
State vs Fedel Shuler
S L to slave - Alexander W Falk and Shuler to pay costs
#1494
State vs Fedel Shuler
S L to slave - Falk and Shuler to pay costs
No Case Number
State vs Fedel Shuler
S L to slave
Falk and Shuler to pay costs
Page 516
October 3, 1859
William S Mudd, Judge of the Judicial Circuit of Alabama
Shaylor J W Ives, Sheriff
Summons for Grand Jurors: Issued 20 August 1859 for October 3, 1859
1. Abia Parsons, Mechanic, Cox’s Creek
2. Dempsey D Bulls, farmer, Blue Water
3. Samuel Landman, farmer, Andersons Creek
4. David C Williams, farmer, Blue Water
5. Robert T Lanier, Blacksmith, Mill Creek
6. Jonathan M Cunningham, farmer, Rodgersville
7. Hamilton Rhodes, farmer, Panther Creek
8. Joseph Weaver, farmer, Rodgersville
9. William H Key, farmer, Reserve
10. James Wilson, farmer, Second Creek
11. Benjamin F Chisholm, farmer, Blue Water
12. John S Tate, farmer, Shoal Creek
13. William B Olive, farmer, Butlers Creek
14. Zebulon P Morrison, Carpenter, Florence
15. Harrison H Wesson, Farmer, Cox’s Creek
16. Samuel D? Weakley, Manufacturer, Florence
17. James L Holland, farmer, Cypress
18. Robert Austin, farmer, Cypress
Others who were summoned:
John Cooper
Thomas Williams
Peter A Andrews
Albert A Simmons
Jonathan M Cunningham, foreman
Samuel B Hudson - Bailiff
Page 517
October 3, 1859
#6485
James Irvine vs Josiah Rosenthall
Continued
Page 518
October 3, 1859
#7015
Lewis G Garrett vs Charles A Tenge
Case dismissed - Tenge to pay costs
Page 519
October 3, 1859
Summons for Pettit Jurors:
1. Bluford Allen Jr, farmer, Blue Water
2. Josiah Higgins, farmer, Second Creek
3. John Wilkerson, farmer, Cox Creek
4. John W Chisholm, farmer, Chisholm Branch
5. David E Mussleman, farmer, Reserve
6. John Peters, farmer, Reserve
7. Enoch H Garner, farmer, Cypress
8. Joseph Ingram, farmer, Second Creek
9. William Rhodes, farmer, Burcham
10. John W Tapp, farmer, Centre Star
11. John W Briggs, farmer, Lexington
12. William C Bailey, farmer, Butler Creek
13. Champion Anderson, farmer, Reserve
14. William N Scott, farmer, Cypress
15. William G Turnley, farmer, Bluff Creek
16. R T Kernachan, farmer, Reserve
17. Thomas H Perkins, farmer, Reserve
18. John A Smith, farmer, Florence
19. Stewart Wilson, farmer, Blue Water
20. William W Pettus, farmer, Lexington
21. George S Newton, farmer, Rodgersville
22. Thomas C Iron, farmer, Bluff Creek
23. Elijah Fowler, farmer, Cypress
24. Lucius Lorance, farmer, Florence
25. Matthew H Wilson, farmer, Cypress
26. James Cox, Painter, Florence
27. Mark Richardson, farmer, Four Mile Creek
28. William H Baugh, farmer, Panther Creek
29. Thomas Burnside, Merchant, Florence
30. Benjamin Taylor, Florence, Blue Water
Page 520
October 3, 1859
#7216
Benjamin Melton vs James M Conner
Continued by Defendant
Page 521
October 4, 1859
#6718
Morris S Wickersham, Admr of George W Watson dec’d vs James Jackson
.... Jury - John W Briggs and eleven others ... find the issues for the Plaintiff - to recover of the defendant $150.00 plus costs of suit.
Page 522
October 4, 1859
#6854
Isaac N Owen, Guardian of Robert Leach vs James Jackson
Plaintiff no longer wishing to prosecute this suit ... Plaintiff to pay costs of suit.
Page 528
October 5, 1859
#7240
Wright and Rice vs Benjamin F Foster
Foster to pay $69.81 plus costs.
Page 528
October 5, 1859
#7244
Joseph Milner vs William F Turnley
Turnley to pay $119.16 plus damages and costs
Page 528
October 5, 1859
#7245
Wilson and Starbard, Assignees of Joseph Milner vs Lucius Lorance
Plaintiff to recover of Defendant $75.15 plus damages and costs
Page 534
October 5, 1859
#7251
William B Littleton and Bro vs John Cobb
Case dismissed - Plaintiff to pay costs
Page 535
October 5, 1859
#6855
Adrian Sharp vs Richard M Beckwith and George G Armistead
Plaintiff to recover of defendants ?? (no amount given)
Page 535
October 5, 1859
#7223
Ferdinand J Sannoner vs Reuben T Boroughs, James Jackson and George M Jackson
“Came the Plaintiffs by their attornies and discontinue this suit as to George M Jackson on whom service was not had. And the other defendants being called to come into Court and defend this suit came not but made default. It is therefore considered by the Court that the Plaintiff recover of the said defendants the sum of $415.__ the debt in the Plaintiffs Complaint mentioned and $19.81 damages by way of interest on said debt, also the costs of this suit in this behalf expended, etc..”
Page 539
October 5, 1859
#6893
Abram Dean, Trustee for Elizabeth Dean vs George W Sneed, Garnishee
Sneed failed to appear - to pay Dean $137. unless George W Sneed appear at the next term of this Court and show cause to the contrary on a Scirifacia herein awarded
Page 541
October 5, 1859
#7068
Alexander W Beckwith Adm’r of Jonathan Beckwith, dec’d vs James
Carothers Executor of Henry Smith of Sweet Water dec'd Beckwith won - to be paid $2536.06 plus costs of suit.
Page 545
October 5, 1859
“This day came Gerrard Jacobs 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 as following to wit The State of Ala Lauderdale County Circuit Court Oct Term of said Court in the year of our Lord eighteen hundred and fifty nine. This day personally appeared in open Court Garrod Jacobs a native of the Kingdom of Prussia in Germany aged 38 and states that he has resided in the United States of America ten years, and for the ______ year, in the County of Lauderdale in the State of Ala, that he wishes to become a Citizen of the United States of America and that in view of which he hereby renounces allegiance to all other
States, Potentates, Sovreign and Sovreignty whatever and particularly to the King of ____ to whom he was heretofore a subject, and that he swore to support the Constitution of the said United States of America.
Garrod Jacobs
Sworn and subscribed to in open Court 6th day of Oct 1859
Page 551
October 6, 1859
#1480
Richard J Andrews - selling liquor to slave - guilty - fine of fifty dollars
Several cases of retailing spirituous liquors without a license and selling liquor to a slave
Page 565
October 6, 1859
#1490
State vs John A Lyons
Selling spirituous liquor to a student
Guilty - fine of $50.00 plus costs
Page 567
October 6, 1859
#1502
State vs Ferdinand J Sannoner
Retailing spirituous liquor without a license - state to recover of Sannoner and of his security, Reuben T Boroughs $100.00 unless they appear at the next term of this court and show cause to the contrary on a sciri facias herein awarded.
Page 570
October 6, 1859
#1562
State vs John Kackleman
Robert Rodgers had been summoned to appear at this term of Court and testify in behalf of the State in this cause - he came not - in open contempt to the process of the court - an attachment to be issued against him requiring the Sheriff to arrest him and hold him in custody to testify in this cause a t the next term of this court and commit him to Jail unless he give bond and good security in the sum of $150.00 ...
Page 570
October 6, 1859
#1566
State vs Horace Summerhill Jr.
“Came the defendant and Horace Summerhill, Jesse Denson, Addison Carroll and Henry Darby in open Court and acknowledged themselves to owe and be indebted to the State of Alabama in the sum of eight thousand dollars unless the said Horace Summerhill Jr appears at the next term of this Court ... to answer the State of Alabama charged in a bill of indictment against him for murder and not depart until discharged by law. And it is further ordered by the Court that the cause be continued for want of time to try it.
Page 579
April 2, 1860
John E Moore - Judge of Judicial Circuit
SJW Ives - Sheriff
Summons for Grand Jurors: Issued 30 December 1859 for April 2, 1860
1. Thomas B Crow, farmer, Blue Water
2. John Simpson Jr., Merchant, Florence
3. John S Simpson, farmer, First Creek
4. George W Foster, farmer, Florence
5. John Killen, farmer, Blue Water
6. Jesse Dewberry, farmer, Cypress
7. George G Armistead, farmer, Reserve
8. Peter R Garner, farmer, Cypress
9. Robert C Bumpass, farmer, Bluff Creek
10. Thomas Covington, farmer, Second Creek
11. George W Karsner, Merchant, Florence
12. Shadrack E Cross, farmer, Shoal Creek
13. Jason Howard, farmer, Anderson Creek
14. Allen W Oliver, Merchant, Rodgersville
15. Samuel H Richardson, farmer, Mill Creek
16. Thomas J Sherrod, farmer, Waterloo
17. John Scorr (Scott?) Sr, farmer, Waterloo
18. James M Pearson, farmer, Reserve
A W Oliver, foreman
Samuel B Hudson, Bailiff