WAYNE COUNTY, TENNESSEE

CIRCUIT COURT MINUTE BOOK MAY 1851 - JANUARY 1857

Second Installment

Page 17 Wednesday May 28, 1851
Court met according to adjournment present as a
Present as of yesterday Hon'l Elijah WALKER Judge &c presiding

State vs George DAVIS
It appearing to the Court that George DAVIS was under a Recognizance at this term of this Court on a charge of Larcenry and that no bill of Indictment would be prefered against him It is therefore ordered by the Court that said George DAVIS be hereof discharged and go home without day and that the State of Tennessee pay the costs on the part of the State expended.

9. Thomas T. MABRY Admr &c vs Catherine MABRY et al § Petition to sell Slaves
Be it rememebered that this cause came on for a hearing before the honorable Elijah WALKER Judge &c upon the petition of petitioners the answer of the defendants and the report of the Clerk and master of this court now on file in this cuase and it appearing to the satisdaction of the Court that after the personal assets of the estate of said Daniel MABRY have all be exhausted by said Administrator and that there is still a large ballance against said estate which there are no monies in the hands of said Administrator to satisfy. It is therefore ordered adjudged and decreed by the Court that the Clerk & Master of this court sell said two slaves mentioned in the pleadings in this cause to the highest bidder upon a credit of tw?? twelve months at the court house door in the town of Waynesboro after giving 30 days notice in writing at three or more public places in said County the purchaser giving bond & security and a lien retained upon said slaves until the purchase money is paid and that said money when collected be paid over to said Administrator to be applied to the payment of the debts against said estate and that all other things be reserved &c.

5 Manerva JEAN et al Exparte§ Petition to Sell Land
Be it remembered that this cause came on for further hearing before the honourable Elijah WALKER Judge &c upon the report of the Clerk and master from which it appears to the Court that the entire amount of the first payment of the purcahse money for the land sold in this cause has been paid. It is therefore ordered and decreed by the Court that the Clerk & Master after having retained so much of said purchase money as may be necessary to pay the costs and expenses of this cause so fare as the said fifty acres tract of land is concerned pay to said Gustavus G. STUBBLEFIELD //

page 18 Wednesday May 28th 1851
and William H. STUBBLEFIELD each the one ninth part of the remainder of said purchase money. And because it does not appear to the Court what would be the present worth of the dowry interest of said Manerva JEAN in and to the said lands It is ordered and decreed by the Court that the Clerk & Master take proof and report to the present or next term of this court what amount the sum is worth all other matters being reserved until the coming in of said report

Ordered by the Court that the Attorney General have leave to file bills of indictment Exofficia against the following persons to wit John STRICKLIN for wearing a Bowie Knife and Washington LOYD and Parson ANDERSON alias As ANDERSON for an affray

47 State of Tennessee vs Jacob HUBER§ Indictment for Lewdness
This day came the attorney General who prosecutes on behalf of the State and the defendant in proper person whereupon on motion of said attorney by consent of said Attorney General and of said defendant that this cause be a for sufficient cause appearing for the same from the oral affidavit of the defendant it is ordered by the court that this cause is continued until the next term of this Court and thereupon said defendant and Elijah H. PUGH who came into court as security for said defendant acknowledged themselves to be indebted to the State of tennessee in the sum of two hundred and fifty Dollars each to be levied of their goods and chattles, lands and tenements respectfully for the use of the State but to be void on condition that said defendant shall make his personal appearance before the Judge of the next Circuit Court to be held for Wayne County at the Court house in the town of Waynesboro on the first Tuesday after the fourth Monday in September next and answer the State of Tennessee upon the Indictment in this behalf and not depart from said Court without leave of the same

Ec State of Tennessee vs Corporation of Waynesboro§ Presentment for permitting public way to be out of repair
This day came the Attorney General who prosecutes on behalf of the State and the defendants by their attorney and said defendants being charged on the presentment in this behalf plead not guilty thereto and for their trial defense put themselves upon the Country and the Attorney General doth the like Whereupon came a jury of good and lawful men of the County of Wayne to wit William M. GALLEGLY Thomas S. CURTIS John DOWNING Abraham MONTAGUE John L. CYPERT William THORNTON Sylvester B. LINDSEY James ROSE William RAY Joacim DUGGER Andrew JACKSON George W. BREWER who being duly elected tried and sworn well and truly to try the issue of traverse between the State of Tennessee and said defendants and a true verdict give according to the evidence and the jurors aforesaid on their oath //

page 19 Wednesday May 28, 1851
do say the defendants are guilty in manner and form as charged in the presentment in this behalf It is therefore considered by the Court that the defendants for the offense aforesaid be fined two dollars and fifty cents and that the State of Tennessee recover of said defendants the fine aforesaid also the costs in this behalf expended and that execution issue ~

7 State of Tennessee vs Buckley HAM§ Presentment for Tipling
This day came the attorney General who prosecutes on behalf of the State and the defendant in proper person whereupon by consent of said attorney General and said defendant this cause is continued until the next term of this Court Whereupon said defendant and Rial BREWER who came into court as security for said defendant acknowledged themselves to be indebted to the State of Tennessee in the sum of two hundred and fifty dollars each to be levied of their goods and chattles lands and tenements for the use of the state but to be void on condition that said defendant shall make his presonal appearance before the Judge of the next Circuit Court to be held for the County of Wayne at the Court house in the town of Waynesboro on the first Tuesday after the fourth Monday in September next and answer the State of Tennessee on the presentment in this behalf and not depart from said Court without leave of the same

John MORRISON vs William HOLT et al§ Petition to Sell Land
Be it remembered that this cause came on for a hearing before the Honourable Elijah WALKER Judge &c and it appearing to the satisfaction of the Court that publication had been made as to said non resident defendants and that copias and subpoenas have been issed and served upon the other parties defendants as required by law and that said defendants have not answered said petition except Margaret Ann and Franklin WOODWARD It is therefore ordered by the Court that said petition be taken for confessed as to said defendants who have not answered and that the same be set for hearing exparte as to them And it further appearing to the Court from the report of the Clerk & Master now on file in this cause that said Heirs of Elizabeth WOODWARD have a good legal title to said land and that said John MORRISON is the owner of the undivided interested of said David R. ADAMS and wife Elizabeth and Isaac McGLAMERY and wife Louisa //

page 20 Wednesday May 28, 1851
and that said land cannot be divided between the said MORRISON and the defendants without greatly impairing the value of said land and that it is necessary to sell said land for the purpose of distribution among said parties. It is therefore ordered by the Court that said land be sold by the Clerk & Master of this Court at the Courthouse door in the town of Waynesboro upon a credit of twelve months after giving 30 days notice in writing at four or more public places in said county the purchaser giving bond and good security & a lien retained upon the land until the purchase money is paid and when said purchase money is paid to distribute the same [or sum] to those entitled to the same and that all other things be reserved &c

54 Ec State of Tennessee vs John STRICKLIN§ Indictment for Lewdness
This day came the attorney General who prosecutes on behalf of the State and the defendant in proper person and said defendant being charged on the indictment in this behalf pleads not guilty thereto and for his trial puts himself upon the country and the attorney General doth the like therefore came a jury of good and lawful men of the County of Wayne to wit William M. GALLEGLY James ROSE William THORNTON Sylvester B. LINDSEY William RAY Andrew JACKSON Joacim DUGGER John C. G. WILSON George T. FREDEKING George W. YOUNG Cavel B. McLEAN John N. STAGGS who being duly elected tried and sworn well and truly to try the issue of traverse between the State of Tennessee and said defendant and a true verdict give according to the evidence and the jurors aforesaid on their oaths aforesaid so say that the defendant is guilty in manner and form as charged in the indictment in this behalf. It is therefore considered by the Court that the defendant for the offence aforesaid be fined five dollars and that the State of Tennessee recover of said defendant the fine aforesaid also the costs in this behalf expensed and that he remain in custody unless the fine and costs are paid or secured or be otherwise discharged by due course of law

54 ec State of Tennessee vs Louisa MARTIN§ Indictment for Lewdness
This day came the attorney General who prosecutes on behalf of the State and the defendant in proper person and said defendant being charged on the indictment in this behalf pleads guilty thereto and for her deliverance puts herself upon the mercy of the Court It is therefore considered by the Court that the defendant for the offense aforesaid be fined five dollars and that the State of Tennessee recover of said defendant the fine //

page 21 Wednsday May 28th 1851
aforesaid also the costs in this behalf expended and that she remain in custody unless the fine and costs are paid or secured or she otherwise discharged by due course of law thereupon came Thomas S. CURTIS as security for said defendant and acknowledged confesses Judgement infavour of the State of Tennessee for the fine and costs aforesaid It is therefore considered by the Court that the State of Tennessee recover as well of said security as of said defendant the fine and costs aforesaid and that execution issue

16 Ex State of Tennessee vs James M. SHULL§ Presentment for Tipling
This day came the attorney General who prosecutes on behalf of the State and the defendant in proper person and said defendant being charged on the presentment in this behalf pleads not guilty thereto and for his trial puts himself upon the Country and the attorney General doth the like Thereupon came a jury of good and lawful men of the County of Wayne to wit William H. BROWN John L CYPERT James H. STRICKLIN Jonathan MORRIS William BENHAM William J MAY David F. CARTER William H. HUFFIN Thomas S CUSTIS Zebulon M. JOHNSON Edward A RUTLEDGE Nathan C. DAVID who being duly sworn well and truly to try the issue of traverse between the State of Tennessee and said defendant and a true verdict give according to evidence and the jurors aforesaid on their oaths aforesaid do say that the defendant is not guilty in manner and form as charged in the presentment in this behalf It is therfore considered by the Court that the defendant be hereof discharged and go hence without day and that the County of Wayne pay such costs on the part of the State expended as may be allowed by the County Court and that the same be certified to the County Court for allowance

63 ex State of Tennessee vs Joseph SOUTHERLAND§ Presentment for Gaming
This day came the attorney General who prosecutes on behalf of the State and the defendant in proper person and said defendant being charged in the presentment in this behalf pleads not guilty thereto and for his trial puts himself upon the Country and the attorney General doth the like and thereupon came a jury of good and lawful men of the County of Wayne to wit James ROSE John DOWNING Sylvester B. LINDSEY Joacim DUGGER William M. GALLEGLY William THORNTON William RAY Henry H. HUNTER Jesse S. ROSS John BRYSON Andrew JACKSON Cavel B. McLEAN and the jurors aforesaid on their oaths aforesaid do say that the defendant is not guilty in manner and form as charged in the presentment in his behalf It is therefore considered by the Court that the defendant be hereof //

page 22 Wednesday May 28th 1851
discharged and go hence without day and that the County of Wayne pay such costs on the part of the State expended as may be allowed by the County Court and that they same be certified to the County Court for allowance ~

The Grand Jury came into Court in a body under the care of their sworn officer and returned into Court a bill of indictment against Charles C. PARKER for assault and battery a Bill of indictment against John STRICKLIN for wearing a Bowie Knife a Bill of Indictment against John CALYTON and Marsena WESTMORELAND for Lewdness a Bill of indictment against Washington LOYD and Parson ANDERSON alias As ANDERSON for an affray a bill of a bill of indictment against Samuel LAWSON for wearing a Bowie Knife and a bill of indictment against Rebecca KING for Nuisance and keeing disorderly house each of which bills of indictment is endorsed by the foreman of the Grand Jury "a True Bill" and the Grand Jury being in court as aforesaid returned into court a bill of Indictment against Washington LOYD and Parson ANDERSON alias As ANDERSON for an afrray which last mentioned bill of indictment is endorsed by the foreman of the Grand jury "not a true bill" The Grand Jury being in court as aforesaid returned into court the following presentments to wit a presentment against Joseph W. CRINER for Gaming a presentment against Holmes FALLIN for Gaming two presentments against George TOWNS for gaming a presentment against William LEE for Gaming and a presentment against Nathaniel Y. BROWN for an assault and battery each of which presentments is signed by every member of the Grand Jury and then return to consider of other presentments

ex State of Tennessee vs Nathaniel Y. BROWN§ Presentment for assault & battery
This day came the attorney General who prosecutes on behalf of the State and the defendant in proper person and said defendant being charged on the presentment in this behalf pleads guilty thereto and for his deliverance puts himself upon the mercy of the court It is therefore considered by the court that the defendant for the offense aforesaid be fined one dollar and that the State of Tennessee recover of said defendant the fine aforesaid also the costs in this behalf expended and the he remain in custody unless the fine and costs are paid or secured or be otherwise discharged by due course of law Whereupon came William H. BROWN as security for said defendant and confesses judgement in favour of the State of Tennessee for the fine and costs aforesaid It is therefore considered by the Court that the State recover as well of said security as of said defendant the fine & costs aforesaid and that execution issue

page 23 Wednesday May 28th 1851

Ex State of Tennessee vs Charles C. PARKER§ Indictment for assault & battery
This day came the attorney General who prosecutes on behalf of the State and the defendant in proper person and siad defendant being charged on the indictment in this behalf pleads guilty thereto and for his deliverance puts himself upon the mercy of the Court. It is therefore considered by the court that the defendant for the offense aforesaid be fined two dollars and fifty cents and that the State of Tennessee recover of said defendant the fine aforesaid also the costs in this behalf expended and that he remain in custody unless the fine and costs are paid or secured or be otherwise discharged by due course of law thereupon came William C. BURNS and William JONES as security for said defendant and confess judgement in favour of the State of Tennessee for the fine and costs aforesaid It is therefore considered by the court that the State of Tennessee recover as well of said securities as of said defendant the fine and costs aforesaid and that execution issue ~

[Ex] State of Tennessee vs Daniel C. WALKER & Newton WALKER§ Indictment for Larceny
This day came the attorney General who prosecutes on behalf of the State and the defendants being conducted to the bar of the Court in custody of the Sheriff of Wayne County and said defendants being araigned and charged on the indictment in his behalf plead not guilty thereto and for their trial put themselves upon the country and the attorney General doth the like whereupon on motion of the defendant Newton WALKER by his attorney for leave to sever on his trial in this cause It is ordered by the Court that said defendant Newton WALKER have leave to sever and Thererupon came a jury of good and lawful men of the County of Wayne to wit James H. STRICKLIN Nathanel Y. BROWN Zebulon M. JOHNSON Solomon JOBE Joseph EAST Daniel T. CARTER William THORNTON John DOWNING William RAY Sylvester B. LINDSEY James ROSE and James HAGGARD who being duly elected tried and sworn well and truly to try the issue of Traverse between the State of Tennessee and said defendant Newton WALKER and a true verdict give according to evidence and the jurors aforesaid on their oaths do say that the defendant Newton WALKER is not guilty in manner and form as charged in the indictment in this behalf It is therefore considered by the court that said defendant Newton WALKER be hereof discharged and go hence without day and that the State of Tennessee pay the costs in this behalf on the part of the State expended and that the same be certified to the Comptroller for allowance ~

page 24 Wednesday May 28th 1851

William R. WORNELL vs William ROPER§ Appeal
Came the parties by their attorneys whereupon on motion of said defendants attorney it is ordered by the Court that this cause be continued the plaintiff be ruled to give security for the prosecution of this suit by the time this cause is reached for trial that this rule opperate as a continuam of this cause until the next term of this Court

State of Tennessee vs Daniel C. WALKER§ Indictment for Larceny
Came the attorney General who prosecutes on behalf of the State and the defendant being conducted to the bar of the Court in custody of the Sheriff of Wayne County and came also a jury of good and lawful men of the County of Wayne to wit James H. STRICKLIN Nathaniel Y. BROWN Zebulon M. JOHNSON Solomon JOBE Joseph EAST Daniel T. CARTER William THORNTON John DOWNING William RAY Sylvester B. LINDSEY James ROSE and James HAGGARD who being duly elected tried and sworn well and truly to try the issue of Treverse between the State of Tennessee and said defendant and a true verdict give according to evidence and the evidence in this cause being heard and a part of the agreement of counsel the jurors aforesaid are permitted to disperse under the direction of the Court until tomorrow morning Eight o'clock

Ordered that Court be adjourned until tomorrow morning Eight Oclock. //s// E WALKER

page 25 Thursday May 29 1851

Court met according to adjournment
Present as of Yesteday Hon'l Elijah WALKER Judge &c presiding

James ANDERSON vs John McGLAMERY & John BRYSON§ Execution Levied on Land
Came the plaintiff by his attorney and presented the following proceedings and moved the Court for an order to sell the land mentioned in the levy thereon which proceedings are in the words and figures following to wit

Note Waynesboro March 3d 1849 Dolls 21.72 No.
one day after date I promise to pay to the order of James ANDERSON Twenty one dollars 72/100 Value received and interest from the 1st of Jany last //s// John McGLAMERY (seal)

Warrent State of Tennessee Wayne County § To the Sheriff or any constable of said County You are hereby commanded to Summon John McGLAMERY to appear before me or some other justice of the peace in said County to answer the complaint of James ANDERSON in a plea of debt under fifty dollars Given under my hand and seal this 18th of March 1850 //s// M. J. SIMS J.P.

officers Return Executed for trial the 9th of April 1850 //s// C. ACKLIN D. Shff

Justices Judgement I give judgement in this case in favour of the plaintiff for twenty three dollars and 46 cents and all costs of suit April the 9th 1850 //s// D. J. JONES J.P.

Execution State of Tennessee Wayne County§ to any lawful officer to execute and return you are hereby commanded that of the goods and chattles lands and tenements of John McGLAMERY & John BRYSON his security as stay of execution you make the sum of twenty three dollars and forty six cents with cost and interest to satisfy a judgement that James ANDERSON recovered before me on the 9 day of April 1850 and pay over as the law directs Given under my hand and seal this the 15 day of February 1851 //s// D. J. JONES (seal)

LEVY No personal property found in my County whereon to levy this execution I have levied the same on one hundred and nine and three fourths acres of land Range 7 & section 2 Beginning at the N. East corner of a 50 acre Entry No. 986 in the name of A. J. BREWER thence North 140 to a hickory & black oak pointer thence West 140 poles to a stake & poplar & Hickory pointers thence south 212 poles to a stanke thence East 28 poles to the South West of said 50 acre tract thence North with the West boundry of said 50 acre tract then North with the West boundry of said 50 acres 72 poles //

page 26 Thursday May 29th 1851
to the North West corner of the same thence East 112 poles to the beginning including and excluding a 25½ acre tract in the name of John L. SMITH levied on as the property of John McGLAMERY February 27 1851 //s// C. ACKLIN D. Sheriff

Whereopon it is ordered by the Court that said tract of land be sold as the law directs to satisfy the plaintiffs debt interest and costs also the costs in the behalf expended and that Venditiom Exponas issue

James ANDERSON vs John McGLAMERY & John BRYSON§ Execution Levied on Land
Came the plaintiff by his attorney and presented the following proceedings moved the Court for an order to sell the land mentioned in the levy thereon which proceedings are in the words and figures following to wit

Note $22.76 Waynesboro, Jany 1st 1850 One day after date I promise to pay to the order of James ANDERSON Twenty two dollars 76/100 value rec'd . //s// John McGLAMERY (seal)

Warrent State of Tennessee Wayne County§ To the Sheriff or any constable of said County you are bereby commanded to summon John McGLAMERY to appear before me or some other justice of the peace in said County to answer the complaint of James ANDERSON in a plea of debt under fifty dollars given under my hand and seal this the 18th day of March 1850 //s// M. J. SIMS J.P.

Officers Return Executed for trial the 9th of April 1850 //s// C. ACKLIN D. Shff.

Justices Judgement I give judgement in this case in favour of the plaintiff for twenty three dollars & 22 cents & all costs of suit. April 9th 1850 //s// D. J. JONES J.P.

Execution State of Tennessee Wayne County § To the Sheriff or any constable of said County to execute and return you are hereby commanded that of the goods and chattles lands and tenements of John McGLAMERY and John BRYSON his security as stay of Execution you make the sum of Twenty three dollars and twenty two cents with cost and Interest to satisfy a Judgement that James ANDERSON Recovered against him before me on he 9th day of April 1850 and pay over as the Law directs given under my hand and seal this 15th day of February 1851 //s// D J JONES J.P. (seal)

page 27 Thursday May 29 1851

LEVY There being no personal property found in my County whereuonto Levy this Execution I have levied the same on one hundred & nine ¾ acres of land Range 8 and Section 2 Beginning at the North East corner of a 50 acre Entry No 986 in the name of A J BREWER thence North 140 poles to a Hickory and blackoak pointers thence west 140 poles to a stake Popular & hickory pointers thence south 212 poles to a stake thence East 28 poles to the South West corner of said 50 acre tract. thence North West boundary of said 50 acre 72 poles to the North West corner of the same thence East 112 poles to the beginning including and excluding 25½ acre tract in the name of John L. SMITH Containing be estimation 109¾ acres of land. Levied on as the property of John McGLAMERY February 27th 1851 C. ACKLIN D. Sheff

Whereupon it is ordered by the Court that said tract of Land be sold as the law directs to satify the plaintiffs debt interest and costs. also the costs in this behalf expended and that a venditias Exponas issue

James ANDERSON Admr &c vs Catherine COPELAND & others§ Petition to sell Land
Be it remembered that this cause came on for a hearing before the Honorable Elijah WALKER Judge &c on this 29th day of May 1851 upon the petition of petitioner. the answers of the defendants and the Report of the Clerk and Master of this Court now on file in this cause and it appearing to the satisfaction of the Court that said Catherine COPELAND is the widow of said Jesse COPELAND and is entitled to dower out of said land and that there are outstanding debts against said Estate which thare are no means in the hands of said Administrator to satisfy and that it is necessary to sell said land to pay said outstanding debts. it is tharefore ordered adjudged and decreed by the Court that a writ of dower issue to set apart one third in value of said land to said Catherine COPELAND widow of said Jesse COPELAND and it is further ordered by the Court that the Clerk & Master of this Court proceed to sell said tract of land subject to said widows dower at the Court House foor in the town of Waynesboro upon a Credit of twelve months to the highest bidder after giving 30 days Notice in writing at 3 or more Publick places in said County the Purchaser giving bond and good security and a lean //

28 Thursday May 29 1851
retained upon the land untill the purchase money is paid and that all other things be reserved &c

John L FOWLER vs Thomas MORRISON§ Case
Came the defendant by his attorney and on motion of said defendants attorney to retain costs in this case it is ordered by the Court that the costs this cause be refered to the Clerk of this court to take proof and report thereon to the next term of this court

State of Tennessee vs Daniel C. WALKER§ Indictment for Larceny
This day came the attorney General who prosecutes on behalf of the State and the defendant being conducted to the bar of the Court in custody of the Sheriff of Wayne County and came also the jury on yesterday elected emplanneled tried and sworn well and truly to try this issue of Traverse between the State of Tennessee and said defendant and a true verdict give according to evidence and the argument of counsel being closed & the charge of the Court delivered th jurors aforesaid on their oaths aforesaid do say that the defendant is not guilty in manner and form as charged in this indictment in this behalf It is therefore considered by the court that the defendant be hereof discharged and go home without day and that the State of Tennessee pay the costs in this behalf on the part of the State expended and that the same be certified to the comptroller for allowance

State of Tennessee vs James O. DAVIS§ Presentment for Gaming
This day came the attorney General who prosecutes on behalf of the State and the said James O. DAVIS although solemnly called to come into court and answer the State of Tennessee on the presentment in this behalf comes not but makes default It is therfore conisdered by the Court that the said James O. DAVIS for the default aforesaid do forfeit and pay to the State of Tennessee the sum of two hundred and fifty Dollars according to the terms and effect. of his recognizance entered into before R. B. MOORE Sheriff of the County of Maury in the State of Tennessee on the 10th day of March 1851 unless he show good and sufficient cuase to the contrary at the next term of this court and that a Scinefacias issue to warn him

page 29 Thursday May 29th 1851

State of Tennessee vs George GANTT§
Came the attorney General who prosecutes on behalf of the State and James O. DAVIS having been solemnly called to come into court as he was this day bound to do to answer the State of Tennessee on an indictment presentment here pending against him for gaming came not but made default and the said George GANTT having also been solemnly called to come into Court and bring with him the body of James O. DAVIS to answer said charge came not but made default It is therefore considered by the Court that the said George GANTT for the default aforesaid do forfeit and pay to the State of Tennessee the sum of two hundred and fifty dollars according to the terms and effect of his recognizance entered into before R. B. MOORE Sheriff of Maury County on the 10th day of March 1851 unless he show good and sufficient cause to the contrary at the next term of this Court that a Scinefacias issue warning him

State of Tennessee vs James O. DAVIS§ Sci. Fa
This day came the attorney General who prosecutes on behalf of the State and the defendant James O. DAVIS having been solemnly called to come into Court and plead to the Sciafarius in this behalf and show cause if any he has or knows why the State of Tennessee should not have execution against him for the sum of two hundred and fifty Dollars the amount of the judgement Ni Se rendered against him at the last term of this Court came not but made default. it is therefore considered by the Court that the State of Tennessee recover of said defendant the said sum of two hundred and fifty dollars in the Scirefacius mentioned also the costs in this behalf expended and that execution issue Ex

Ordered by the Court that the attorney General have leave to fill bills of indictment against the following persons on a Bill of Indictment against William WILSON for disturbing public worship a bill of Indictment against Eli MERRYMAN & D. S. HAMMOND for affray a bill of indictment against John G. HILL William HILL John SCOTT and Jack SCOTT for an affray and a bill of Indictment against Thomas DUREN and Willis STAGGS for an affray.

The Grand Jury came into Court in a body under the care of their sworn officer and returned into court a bill of Indictment against William WILSON for disturbing public worship and a bill of Indictment against Eli MERRYMAN //

page 30 Thursday May 29th 1851
and D. S. HAMMOND for an affray each of which bills of indictment is endorsed by the foreman of the grand Jury a true bill and the Grand jury being in Court as aforesaid returned into court a bill of Indictment against John G. HILL William HILL John SCOTT and Jack SCOTT. a Bill of indictment angainst against Thomas DUREN and Willis STAGGS for an affray a Bill of indictment against Green WILSON Overseer of Road a bill of Indictment against Isaac MORRIS Overseer Road a bill of Indictment against John L. FOWLER Overseer of Road and a Bill of Indictment against John KERLEY for assault and battery each which last mentioned bills of indictment is endorsed by the foreman of the Grand Jury "not a true bill" The Grand Jury being in court as aforesaid returned into the court the following presentments to wit two Presentments against Cornelius BAILEY for Tipling two Presentments against Willey BRANTLEY for Tipling a presentment against Thomas HINSON for Tipling a presentment against Hartwell BECKHAM and John BERRY for an affray three presentments against Headley COBURN for Tipling a presentment against Jasper BREWER and Frederick JOHNSTON for an affray a presentment against William GALYEAN for Tupling and a presentment against William ROACH and Joseph GLADDIN for an affray each of which presentments is signed by every member of the Grand Jury and there being no further business for the Grand Jury they were discharged from further attendance on the Court.

State of Tennessee vs John STRICKLIN§ Indictment for Wearing Bowie Knife
This day came the attorney General who prosecutes on behalf of the state and the defendant in proper person and said defendant being charged on the pres indictment in this belaf pleads not guilty thereto and for his trail puts himself upon the country and the attorney General doth the like Whereupon came a jury of good and lawful men of the County of Wayne to wit Thomas MOON [or MOORE] and eleven others who being duly elected tried and sworn well and truly to try the issue of traverse between the State and said defendant and a true verdict give according to evidence and the jurors aforesaid on their oath aforesaid do say that the defendant is not guilty in manner and form as charged in the indictment in this behalf It is therefore considered by the Court that the defendant be hereof discharged and go home without day and that the County of Wayne pay such costs on the part of the State expended as may be allowed by the County Court

page 31 Thursday May 29th 1851

Alexander FALL vs William CHAFFIN§ Motion
Came the plaintiff by his attorney and by leave of the Court enters a motion against the defendant William CHAFFIN Sheriff of Lawrence County in the State of Tennessee and his securities for failing to make due return of an execution issued from a judgement infavour of said Alexander FALL against William BROWNLOW Cyrus B. MEREDITH and James J. GIBSON rendered on the 25th day of September 1850 in the Circuit Court of Wayne County, Tennessee for three hundred and eleven dollars debt and thirty one dollars and seven cents damanges besides costs which execution was issued by the Clerk of said Circuit Court on the eleventh day of March 1851 returnable to the present term of this Court.

State of Tennessee vs George W. DUREN§
This day came the attorney General who prosecutes on behalf of the State and the defendant the said George W. DUREN althought Solemnly called to come into court as he was bound to do this day and answer the State of Tennessee on an Indictment here pending against him for keep a Bawdy house comes not but makes default It is therefore considered by the Court that the said George W. DUREN for the default aforesaid do forfiet and pay to the State of Tennessee the sum of two hundred and fifty dollars according to the tenor and effect of his recognizance entered into in this before Rial BREWER Sheriff of Wayne County on the 2nd day of May 1851 unless he Show good and sufficient cause to the contrary at the next term of this court and that a scirafacius issue warning him    Sci fi iss'd

State of Tennessee vs Elijah D. BIFFLE & Winchester STOWE§
Came the attorney General who rposecutes on behlaf of the State and the said George W. DUREN having been Solemnly called to come into Court as he was this day bound to do to answer the State of Tennessee on an indictment here pending against him for keeping a Bawdy house came not but made default and the said Elijah D. BIFFLE and Winchester STOWE having also been solemnly called tocome into court and bring with them the body of George W. DUREN to answer said charge came not but make default It is therefore considered by the Court that the said Elijah D. BIFFLE and Winchester STOWE for the default aforesaid do forfeit and pay to the State of Tennessee //

page 32 Thursday May 29th 1851
the sum of two hundred and fifty dollars according to the tenor and affect of their recognizance entered into before Rial BREWER Sheriff of Wayne County on the 2 day of May 1851 unless they a show good and sufficient cause to the contrary at the next term of this court and that a Scirafacius issue to warn them ~

State of Tennessee vs Eli MERRYMAN§ Indictment for affray
This day came the attorney General who prosecutes on behalf of the State and the defendant in proper person and said defendant being charged on the indictment in this behlaf pleads guilty thereto and for his deliverance puts himself upon the Country mercy of the Court It is therefore considered by the court that the defendant for the offinse aforesaid be fined two dollars and fifty cents and that the State of Tennessee recover of said defendant the fine aforesaid also the costs in this behalf expended and that he remain in custody unless the fine and costs are paid or secured or be otherwise discharged by due course of law thereupon came Jonathan MORRIS as security for said defendant and confesses Judgement infavour of the State of Tennessee for the fine and costs aforesaid It is therefore considered by the Court that the state of Tennessee recover as well of said security as of said defendant the fine and costs aforesaid and that execution issue ~

State of Tennessee vs Joseph W. CRINER§ Presentment for Gaming
Came the attorney General who prosecutes on behalf of the State and the defendant in proper person and came also Isham TURNBOUGH as security for said defendant and said defendant and said security acknowledged themselves to be indebted to the State of Tennessee in the sum of two hundred and fifty dollars each to be hand of their goods and chattles lands and tenements respectfully for the use of the State but to be void on condition that said defendant Joseph W. CRINER make his personal appearance before the Judge of the next circuit Court to be held for the County of Wayne at the Court house in Waynesboro on the first Tuesday after the fourth Monday in September next and answer the State of Tennessee on the presentment in this behalf and not depart from said court without leave of the same

page 33 Thursday May 29th 1851

Manerva JEAN et al Exparte§ Petition to seel land
Be it remembered that this cause came on for further hearing this day before the Honourable Elijah WALKER Judge &c upon the report of the Clerk & Master which is unexcepted to and from which it appears to the Court that forty dollars would be a fair and reasonable allowance to said Manerva JEANS in sum of her dower in the Lands sold in this cause It is therefore ordered by the Court that the Clerk & Master after paying the expenses of the the sale of the 38 acre tract heretofore sold by an order made in this cause pay over of the amount in his hands as follows to wit to said Manerva JEANS twenty dollars being her interest in said first payment and pay the remainder equally to said Isaac W. R. JEANS William P. JEANS Lucinda P. JEANS and George F. JEANS to be paid to the regular guardian or guardians of said minors upon the filing with said Clerk & master a copy of the appointment of such guardianship showing that a bond or bonds with security have been executed to secure the sum or upon such guardian or Guardians executing and delivering to said Clerk and Master his or their bond or bonds with good security payable to the State of Tennessee in double the amount so paid over conditioned for the faithful management and application of said fund as such guardian all other matters being reserved until the balance of said purchase money is paid.

State of Tennessee vs John STRICKLIN§
This day came the attorney General who prosecutes on behalf of the State and the defendant being conducted into court in custody of the sheriff of Wayne County Whereupon the said attorney General waives the notice required by law and thereupon said defendant takes the oath of insolvency from which it appears to the Court that he has no means liable for the payment of the Judgement for of the fine and costs in this cause It is therefore considered by the court the State of Tennessee have his execution against him the Court of Wayne pay the costs on the part of the state expended

State of Tennessee vs John STRICKLIN§ Indictment for Lewdness
William B. ROSS presented the following account in this case which on motion of the attorney General is ordered to be spread upon the minutes of the Court and turned in the bill of costs in this case to wit State of Tenn Wayne County Dr

To William B. ROSS Jailor of Wayne //

page 34 Thursday May 29th 1851
County For keeing John STRICKLIN in said jail from the 14 April to the 29th May 1851 inclusive upon an Indictment for Lewdness 45 days at 2/3 $16.87½ Ten[?] Turnkeys 3.00 $19.87½ Sworn to and subscribed in open court John McDOUGAL Clerk Correctly taned[?] R. A. HILL Atti Gen'l &c

William POLLARD et al Exparte§ Petition to Sell land and slaves
Be it remembered that this cause came on this 29th day of May A.D. 1851 for further hearing before the Honourable Elijah WALKER Judge &c upon the report of the Clerk and Master from which it appears to the Court that the entire purchase money for the slaves heretofore sold in this cause and the first payment oupon the lands heretofore sold by the Clerk & Master by a decretal order and made in this cause has been paid It is therefore ordered adjudged and decreed by the Court that the Clerk & Master after having retained so much of the purcahse money of said as may be necessary to pay the costs and expenses incident upon the sale thereof pay over the remainder thereof as follows to wit to Lucinda KEATON the one sixth part. to said William POLLARD and wife Margaret the one sixth part to said William J. GRIMES and wife Mahala the one sixth part to said Jonathan F. KEATON the one sixth part and to the regular Guardian of said Elihu B. KEATON and Sarah KEATON each the one sixth part thereof It is further ordered and decreed by the Court that all the right title claim and interest of the said petitioners in and to said Slave Dianah be divested out of them and the same be vested in said William POLLARD his heirs and assigns forever and that all the right title claim and interest of said petitioners in and to said slave Fereby be divested out of them and that the same be vested in said Lucinda KEATON his heirs and assigns forever

It is further ordered an decreed by the Court that the Clerk & Master after retaining so much of the purcahse money so paid in for said land as may be necessary to pay the costs and expenses accrued in consequence of the sale of said land pay over the remainder as follows to wit to said William POLLARD and wife Margaret one fifth part to said William J. GRIMES & wife one fifth part to said Jonathan F. KEATON the one fifth part and to the regular Guaridan of Elihu B. KEATON the one fifth part and to the regular Guardian of Sarah KEATON the one fifth part but that the Clerk & Master shall not pay over any of said monies to said Guardians until they shall file in his office a copy of their appointment as such Guardian together with evidence that //

page 35 Thursday May 29th 1851
they have properly executed their bonds with security in such amount as shall cover and secure said sums or shall execute to said Clerk & Master bonds with good and sufficient security in double the amount to be so paid over payable to the State of Tennessee and conditioned for the faithful management and application of said sums as such guardians all other matters being reserved until the entire purcahse money is paid.

State of Tennessee vs William E. N. GRAHAM§ Indictment for obtaining Goods by false pretence
Came the attorney General who prosecutes on behalf of the State The It appearing to the Court that the defendant was convicted of a felony and a judgement rendered against him for costs upon which an execution was issued and placed in the hands of Rial BREWER Sheriff of Wayne County on the 21st day of March 1851 which said execution was returned by said Sheriff to the present term of this Court endorsed by said sheriff "no property found whereon to levy Whereupon on motion fo the attorney General It is ordered by the Court that the state of Tennessee pay said costs on the part of the state expended as follows to it

Clerk McDOUGAL .....[word unreadable] Entering and filing 3 Recognizances 75
taking and Entering 4 recognizances 1.00 issueing 2 states subpoenas 25. 1.25
Recording indictment 25. 1 continuance 37½ one affidavit 6¼ 68¾
Empanelling jury 12½ order setting aside continuance 25 37½
order withdrawing plea of not guilty 25 Entering plea of guilty 25 50
Judgement 75 judgement for costs 25 two orders [word unreadable] deft.50 1.50
Order for Execution 25 two copies of cost 50 75
3 probates states witness attendance 18¾ issueing execution 37½ 56¼
Recording cause 162½ order for sheriff to deliver shffe 25 187½             8.75½
Making order judgement & copy of cost for comptroller 1.00
Atto Genl R. A. HILL Tax fee $10 10.00
Shff BREWER Calling cause 4. empanelling jury 12½ 16½
" P. WHITEHEAD Executing 2 States subpoenas 50
Const. HALL [or HULL] Executing warrant 50 Executing 5 states subpoenas 1.24 175
Expenses of Prisoner and Guard 75 250
Jailor Wm. B. ROSS keeping deft. in jail 78 days 317 29.25
5 Turnkeys 2.50 31.75
States Witness William J. MONTAGUE 1 day 75 1 day before justice 25 1.00
James P. MONTAGUE 1 day before justice 25 John A. HOLLANDSWORTH 1 day 75 1.00
George CORBEN 1 day 75 75

State of Tennessee vs James McCLANANHAN§ Peace Warrent
Came the attorney General who prosecutes on behalf of the State and it appearing to the Court that the presented an execution issed against said defendant upon a conviction on a peace warrant returned by the Sheriff of Wayne County Nulla bona and it appearing to the Court //

page 36
that the following persons are entitled to the following costs on the part of the State expended to wit

Clerk McDOUGAL running ibe affidavit 6¼ order binding defendant 25 31¼
Entering Judgement 75 Judgement for cost 25 Order for Execution 25 1.25
two copies of costs 50 issueing Execution 37½ Recording cause 162½ 2.50
Judgement order & copy of costs for Comptroller 1.00             5.06¼
Attn R. A. HILL Tax fee 5.00
Justice HOPSON committing defendant 50 Constable THORNTON Executing[?] issue 50 1.00
Jailor Jesse CYPERT keeping defendant in jail 85 days @ 31.87½
1 Turnkey 50 32.37½
Jailor Wm. B. ROSS keeping defendant in jail 102 days 38.75
1 Turnkey 50 39.25

It is therefore ordered by the court that the state of Tennessee pay said costs and that a bill of the same be certified to the Comptroller for allowance.

State of Tennessee vs James C. WILLEY§ Indictment assault & battery
The attorney General presented an execution issued upon a judgement rendered against said defendant for costs on a conviction for a misdemeanor which was returned by the Sheriff of Wayne County Nulla bona and it appearing to the Court that the following persons are entitled to the following costs on the part of the state expended to wit.

Clerk McDOUGAL Indictment charging and plea 50 issuing capias 75 1.25
issuing 3 states subpoenas 37½ Running entering & filing Recognizance 25 62½
3 probates States witness attendance 18¾ Empannelling a jury 12½ 37¼
Entering Judgement 75 Judgement for costs 25 order to convict 25 1.25
order for Execution 25 2 copies of costs 50 issuing execution 37½ 112½
Recording cause 162½ Judgement order & copy of costs for County Court $1.00 2.62½     7.18¼
R.A.HALL tan fee $5. Jailer ROSS keeping defendant 6 days $2.25 4 Turnkeys $2. 9.25
Shff. R. BREWER Executing capias $1. taking recognizance 25 executing 3 states subpoenas 1 commitment 50 1 Releasent 50. Empanneliing jury 12½ calling suit 4. States witness Harden C. HOLLIS 1 day 75 40 miles 160. Isaac WALLIS 1 day 75 32 miles 128 John HOLLIS 1 day 75 40 miles 160. It is therefore ordered by the Court that the County of Wayne pay said costs and that the same be certified to the County Court for allowance.

Order that Court be adjourned until Court in Course //s// E WALKER

page 37 Monday September 22nd 1851

State of Tennessee
Be it remembered that a Circuit Court was begun and held in and for the County of Wayne at the Court house in the town of Waynesboro on the fourth Monday being the twenty second day of September in the year of our Lord one thousand Eight hundred and fifty one there were present the honourable Elijah WALKER Judge of the 14th judicial circuit of the State of Tennessee presiding

Rial BREWER Sheriff of Wayne County returned into Court the Venerefacias returnable to this term of this Court which said Venerefacias is in the words and figures following to wit, State of Tennessee Wayne County

To the Sheriff of Wayne County Greeting
Whereas at the July Term of our County Court it was ordered by the Court that the following good and lawful men of the County of Wayne be appointed and summoned by the Sheriff of said County to attend and serve as jurors at the next Term of our Circuit Court to be held for the County of Wayne at the Court house in the town of Waynesboro on the fourth Monday in September next towit, Josiah ROBINSON Solomon JOBE Oze DICUS Charles W. THOMPSON Claton THARP Hiram THOMAS Sylvester L. SHIELDS William J. YOUNG William POLLARD A. H. M. STUBBLEFIELD John P. VOORHIES James N. STAGGS James D. COPELAND Jr Alexander M. CRAVEN George WHITE Josiah YOUNGBLOOD William R. CURTIS Benjamin HOLT Buckley HAM William MELTON Edward MORRISON George E. HUCKABY William J. HADDOCK Robert SPEER Robert C. HEMPHILL and that Z. M. JOHNSON and John F. HALL be appointed and summoned to attend as constables to wait on said Court and that a Venerefacias issue returnable to said court.

These are therefore to command you to summon each of the above named person to be and appear before the Judge of our next Circuit Court to be held for the County of Wayne at the Court house in the town of Waynesboro on the fourth Monday in September next then and there to serve as aforesaid and this they shall in no wise omit under the penalty prescribed by law Herein fail not and have you then and there this writ and show how you shall have executed the same

In testimony whereof I, William JONES, Clerk of said County Court hereto set my name and affix my seal of office at office the 1st Monday in July A.D. 1851 //s// William JONES Clerk Issued July 21 1851

Sheriffs Return
Came to hand the same day issued Rial BREWER Shff
I have summoned all the within named persons within the time prescribed by law all of whom are freeholders or householders and citizens of the County of Wayne over the age of twenty one years September 22nd 1851 //s// Rila BREWER Sheriff

page 38 Monday September 22nd 1851

And therefore from the Jurors summoned as aforesaid the Court proceeds as the Statute in such case made and provided directs to select and empannel a grand Jury for said County of Wayne at this Term when and elected William J. YOUNG Josiah ROBINSON YOUNGBLOOD William J. HADDOCK George E. HUCKABY James N. STAGGS William MELTON Edward MORRISON William POLLARD John P. VOORHIES Alexander M. CRAVEN A. H. M. STUBBLEFIELD Sylvester L. SHIELDS & Hiram THOMAS of whom the Court appoints William J. YOUNG foreman who together with the rest of said grand jurors having been empannelled sworn and charged according to law to inquire for the body of the County of Wayne retired to consider of presentments John F. HALL a constable for Wayne County summoned as aforesaid is sworn to attend the Grand Jury

For Sufficient cause appearing to the Court It is ordered by the Court that Robert SPEER Calton THARP James D. COPELAND Jr Buckley HAM Robert C. HEMPHILL and Charles W. THOMPSON jurors summoned to attend the present term of the Court be excused from attending thereon

2 JENKINS & EULESS ENNS[?] &c vs Henry GREESON§ Appeal
Came the parties by their attorneys whereupon this cause is continued for want of a competent Court to try the same

3 JENKINS & EULESS ENNS[?] &c vs Henry GREESON§ Appeal
This cause is continued for want of a competent court to try the same

4 N. S. BROWN Governor &c vs Rowland W. ALTOM et al§ Debt
Came the parties by their attorneys whereupon this cause is continued by consent of the parties until the next term of this Court

6. N. S. BROWN Gov &c vs Jesse S. ROSS et al§ Debt
Came the parties by their attorneys whereupon this cause is continued until the nest term of this court by consent of the parties

5. James A. BALDRIDGE vs Henry H. HUNTER§ Case
This day came the plaintiff by his attorney and says he wishes //

page 39 Monday September 22nd 1851
no further to prosecute his suit in this behalf nor is the same further prosecuted. It is therefore considered by the Court that this cause be dismissed and that the defendant recover of said plaintiff and on motion of Thornton COX the security in the prosecution bond the costs in this behalf expended and that execution issue

8 Lorenzo D. McMAHON vs James DICKEY Wm J. YOUNG & Thomas YOUNG[?]§ Debt
This day came the parties by their attorneys and came also a jury of good and lawful men of the County of Wayne towit Adison LAWSON and eleven others who being duly elected tried and sworn well and truly to try the issues joined between the parties and a true verdict give according to evidence and the jurors aforesaid upon their their[sic] oaths aforesaid do say that they find the defendant hath not paid the debt of one thousand dollars in the declaration mentioned and they assess the plaintiffs damages by reason of the detention thereof to forty four dollars & 16 cents. It is therefore considered by the Court that the plaintiff recover of the defendant his debt aforesaid and the damages by the jury in form aforesaid assessed and the costs in this behalf expended and that execution issue Ec

7 William POLLARD vs Jonathan MORRIS§ Debt
This day came the parties by their attornies and came also a jury of good and lawful men of the County of Wayne towit David COOK and Eleven others who being duly elected tired and sworn well and truly to try the issues joined between the parties and a true verdict give according to evidence and the jurors aforesaid on their oaths aforesaid do say that the defendant doth own of the debt in the plaintiffs declaration mentioned of Nine hundred and sixty dollars and they assess the plaintiffs damages by reason of the detention thereof to forty dollars and eighty cents. It is therefore considered by the Court that the plaintiff recover of said defendant his debt aforesaid and the damages by the jury in form aforesaid assessed also the costs in this behalf expended and that execution issue Ex Appeal

9 R.W. R. WARNELL vs William ROPER[or RUPER]§ Appeal
this day ame the defendant by his attorney And this cause having been regularly reached for trial and the plaintiff failing to give security for the prosecution of this cause persuant to a rule of //

page 40 Monday September 22nd 1851
of this Court in this case at the lat term thereof It is therefore considered by the Court that said rule be made absolute and that this cause be dismissed and that the defendant recover of the plaintiff the costs in this behalf expended and that execution issue Ex

William SIMONTON, Rufus G. HENDERSON & Franklin BUCHANAN vs Absolom B. GANT & David COOK Executors of H. ROBERTS, Decd§ Case
This day came the plaintiffs counsel and suggest the death of Franklin BUCHANAN one of the plaintiffs in this cause which is admitted to be true by the defendants whereupon this cause is prosecuted in the name of the survivors William SIMONTON and Rufus G. HENDERSON. Whereupon came a jury of good and lawful men of the County of Wayne towit Washington CARTER William R. CUSTIS Adison LAWSON John HOLLANDSWORTH Solomon JOBE Benjamin HOLT John SAXON Daniel T. CARTER Absalom B. BURKS John KIDDY William M. HARRELSON and William BROWNLOW who being duly elected tried and sworn well and truly to try the issues joined between the parties and a true verdict give according to evidence whereupon the plaintiffs by their counsel say they wish no further to prosecute this suit in this behalf against the defendants nor is the same further prosecuted. It is therefore considered by the Court that the defendants recover of the plaintiffs and on motion of Elijah H. PUGH security in the prosecution bond the costs in this behalf expended and that execution issue Ex

10. Amos T. HASSELL vs Willie B. SKILLERN§ O. Attachment
This day came the plaintiff by his attorney and the defendant having been solemnly called to come into Court and plead to the suit brought against by the plaintiff comes not but makes default. It is therefore considered by the Court that the plaintiff recover of the defendant his debts of one hundred and thirteen dollars and 15 cents in the declaration mentioned and the further sum of six dollars and 85 cents the interest accrued thereon as damages for the detention thereof also the costs in this behalf expended and that execution issue. It is further ordered by the Court that a Venditione Exponas issue directed to the Sheriff of Wayne County commanding to sell the land described in the levy on the attachment in this case

page 41 Monday September 22nd 1851

56. The State of Tennessee vs William S. LEE§ Presentment for Gaming
This day the attorney General who prosecutes on behalf of the State and the defendant in proper person and said defendant being charged on the presentment in this behalf pleads guilty thereto and for his deliverance puts himself upon the mercy of the Court It is therefore considered by the Court that said defendant for the offence afforesaid be fined five dollars and that the State of Tennessee recover of said defendant the fine aforesaid also the costs in this behalf expended and that he remain in custody unless the fine and costs are paid or secured or be otherwise discharged by due course of law whereupon came Thomas J. LEE as security for said defendant and confessed Judgement in favour of the State of Tennessee for the fine and costs aforesaid It is therefore considered by the Court that the State of Tennessee recover as well of said security as of said defendant the fine and costs aforesaid and that execution issue Ex

44. The State of Tennessee vs Thomas HENSON§ Presentment for Tipling
This day came the attorney General who prosecutes on behalf of the State and the defendant in proper person and said defendant being charged on the presentment in this behalf pleads guilty thereto and for his deliverance puts himself upon the Country It is therefore considered by the Court that the defendant for the offense aforesaid be fined two dollars and fifty cents and that the State of Tennessee recover of said defendant the fine aforesaid also the costs in this behalf expended and that he remain in custody unless the fine and costs are paid or secured or be otherwise discharged by due course of law Thereupon came George WHITTEN as security for said defendant and confesses judgement infavour of the State of Tennessee for the fine and costs aforesaid. It is therefore considered by the Court that the State of Tennessee recover as well of said security as of said defendant the fine and costs aforesaid and that execution issue Ex

14 Absalom B. BURKS vs Archibald L. BOBENSON [ROBERSON?] § Case
This day came the parties by their attorneys whereupon this cause is continued by consent as an affidavit of the defendant. It is therefore continued considered by the court that this cause be continued until the next term of this court and that plaintiff recover of the defendant the costs in this behalf at this term expended and that execution issue Ex

page 42 Monday September 22nd 1851

Be it remembered that John B. BEAKLEY this day presented the following petition in open Court towit

To the honourable Elijah WALKER Judge &c holding the Circuit Court for the County of Wayne State of Tennessee
Your petitioner John B. BEAKLEY a citizen of said County would respectfully represent to your honour that in October 1847 he intermarried in good faith as he then believed with Mary C. HASSELL in said County but the rites of Matrimony were solemnized by Eli BYNUM a licensed minister of the Methodist Church. Afterwards your petitioner was advised that according to the rules and usages of said Church and the laws of the State said Eli BYNUM was not authorized to Solemnize the rites of matrimony in this State and that consequently said marriage was void your petitioner would further State that afterwards and before he became satisfied that such was the case this said Mary C. gave birth to a child which was named Affa L. BEAKLEY You petitioner and said Mary C. then believing that said child was their legitimate offspring. Your petitioner would further State to your honour that after he became satisfied that said Eli BYNUM had no authority to Solemnize said marriage he obtained another license and your petitioner and said Mary C. were regularly and legally married a properly authorized minister of the Gospel. Your petitioner is desirous that his said daughter shall be entitled to all the rites rights and privileges of that she would have been had said first solemnization of the rites of matrimony been regular and legal and that she be in all things placed upon an equal standing with his children born since the rites of matrimony have been regularly and legally Solemnized between him and said Mary C. The premises considered Your petitioner prays your honour to grant such decree as will carry out and affect the object above stated and your petitioner as in duty bound will ever pray //s// A. B. BEAKLEY
Sworn to & subscribed in open Court
September 22nd 1851 //s// John McDOUGAL Clerk

It is therefore ordered and decreed by the Court that said Affa L. BEAKLEY as mentioned in said petition be known and called by said name and that she be the heir and distributee at law of the said John B. BEAKLEY and joint heir and distributee as such with his other children and that she be entitled to all the rights and privileges as though said rites of matrimony had been legally solemnized

page 43 Monday September 22nd 1851

Daniel W. CARROLL vs William BURRESS§ Execution Levied on Land
The plaintiff presented the following pleading in open Court and moved the Court for an order to sell the land described in the levy thereon which proceedings are in the words and figures following towit:

Warrant:
State of Tennessee Wayne County:
To the Sheriff or any constable of said County. I command you to summons William BURRESS to appear before me or some other acting justice of the peace for said County to answer the complaint of D. W. CARROLL in a plea of debt due by note under one hundred dollars herein fail not given under my hand and seal this 19th day of June 1850 //s// Wm. M. LAFFERTY J.P. for Wayne County
I accept the service of the within warrant this 19th day of June 1850 //s// William (his X mark) BURRASS

Judgement
I give judgement for the plaintiff and against the defendant for seventy one dollars and ninty seven cents and the costs for which execution may issue this 19th day of June 1850 //s// Wm. M. LAFFERTY J.P. for Wayne County

Execution
State of Tennessee Wayne County§ To the Sheriff or any constable of Wayne County you are hereby commanded that of the goods of and chattels lands and tenements of William BURRAS if in your County to be found you make or cause to be made the sum of seventy one dollars and ninety seven one cents debt and thirty seven and one half cents costs together with all lawful costs and interest until paid to satisfy one judgement that D.W. CARROLL recovered against William BURRASS before me on the 19th day of June 1850 and when collected pay over as the law directs Given under my hand and seal this 22nd June 1850 //s// Wm M. LAFFERTY JP

Officers Return
Came to hand June 22nd 1850 returned no property found June 27, 1850 //s// B. HALE C.W.C.

Alias Execution
State of Tennessee Wayne County§ To the Sheriff or any lawful officer of said County, you are hereby commanded as you have heretofore been that of the goods and chattles lands and tenements of William BURRASS if in your County to be found you make or cause to be made the sum of Seventy one dollars and ninety seven cents and all lawful costs and interests to satisfy a judgement that D.W. CARROLL recovered against said William BURRASS before me on the 19th June 1850 and when collected pay over as the law directs Given under my hand and seal this the 18th September //

page 44 Monday September 22nd 1851
1851 //s//Wm. M. LAFFERTY J.P>

Credit
Received August the 1st 1850 Received four dollars and sixty cents //s// D W. CARROLL

Levy
Came to hand same day issued this 19. Sept 1851 B. HALE C.W.C.
There being no personal property to be found in my County I have therefore levied this fifa upon all the right title claim and interest which said William BURRAS has in and unto the following described lands towit one tract containing fifty eight acres in said County of Wayne in Range 11 and section one beginning on James P WALKERs South West corner, running thence West 97 poles thence North 97 poles thence East and South for complement it being the tract entered in the name of James DOBBINS by Entry No. 531 Also a tract of ten acres in said range and section beginning at a stake the North East corner of said fifty eight tract in the name of said DOBBINS thence North 21 poles to a Dogwood the South east corner of William B. ROSS 105 acre Survey in all 76 poles to a Sassafras thence South 21 poles to a stake in the North boundary of said 58 acres Survey thence East with said line 76 poles to the beginning also a tract of one hundred and forty two acres in said Range and section beginning at a red oak the South East corner of said 58 acres tract thence West 40 poles to a Walnut Allen NAMS North East corner of his one hundred acre tract thence South 68 poles to a dogwood in the North boundary line of William SPEERS Occupant thence East with his line 20 poles to a stake thence South 66 poles to a stake thence East 105 poles to a stake thence North 203 poles to a persimmon in Walkers South boundary line thence North one pole to the beginning the interest of said BURIS in said land beging one eight part thereof subject to the widows dower this 22nd of September 1851 B. HALE C. W. C.

Whereupon It is ordered by the Court that the said 1/8 one eight interest in said land belonging to the said William BURRAS be sold as the law directs to satisfy the plaintiffs debt interest and cost also the costs in this behalf expended and that a venditione Exponas issue

James ANDERSON Admr &c vs William COPELAND et al§ Petition to sell Land
Be it remembered that this cause came on this 22nd day of September 1851 for a further hearing before the Honourable Elijah WALKER Judge &c upon the Report of the Clerk and Master of this Court now on file in this cause which is in the words and figures following towit //

page 45 Monday September 22nd 1851
The undersigned who was appointed by a decretal order in this cause to sell the lands mentioned in the pleadings in this Cause would respectfully submit the following Report

That after having advertised as directed by said decretal order he proceeded to sell said tract of land subject o the Dower of said Catherine M. COPELAND widow of said Jesse COPELAND Decd at the Court house door in Waynesboro on the 7th day of July 1851 when the same was struck off and sold to Catherine M. COPELAND at the price of Eight Dollars and executed her note payable twelve months after date for the sum with Jonathan MORRIS as her Security who is demed to be good and sufficient and a lien retained on the land until the purchase money is paid all which is respectfully Submitted Spet 22 1851 //s// John McDOUGAL Clerk

which being in no wise excepted to it is in all thing considered by the Court that said report be and the same is in all things confirmed

Thomas T. MABRY Admr &c vs Catherine MABREY et al§ Petition to Sell Slaves
Be it remembered that this cause came on for a further hearing on this 22nd day of September 1851 before the honourable Elijah WALKER Judge &c upon the report of the Clerk & Master of this Court which is in the words and figures following to wit. The undersigned who was appointed by a Decree of this Court in this cause to sell the slaves mentioned in the said petition would Respectfully Report

That after having advertised the same as directed by said decree he proceeded on the 7th day of July 1851 to sell said slaves on a credit of twelve months when the negro woman Slave was sold and struck off to William POLLARD at the price of three hundred dollars that being the highest and best bid (except a bid which was made by Archibald MURPHY of $400 which was recalled before she was struck off) and executed his writing obligatory for the same payable twelve months after date with Joseph PITTS as his security who is deemed good and sufficient And the Negro boy Abner was struck off and sold to Joseph PITTS at the price of four hundred & sixty six dollars and executed his writing obligatory for the same payable twelve months after date with William POLLARD as his security who is deemed good and sufficient all which is respectfully Submitted Sept 22nd 1851 //s// John McDOUGAL C & M

which being in no wise excepted to it is considered by the court that said report be and the same is in all things confirmed.

Page 46 Monday September 22nd 1851

John MORRISON vs William HOLT et al§ Petition to Sell Land
Be it remembered that this cause came on this 22nd day of September 1851 before the Honourable Elijah WALKER Judge &c upon the Report of the Clerk & Master of this Court which is now on file in this cause which is in the words and figures following towit: The undersigned who was appointed by a decretal order in this cause to sell the land mentioned in this cause would submit the following Report

That he proceeded to sell said land at the Court house door in Waynesboro on the 7th day of July 1851 after having advertised the same as directed by said decretal order. And the same was struck off and sold to Archibald G. McDOUGAL at the price of three hundred and twelve dollars the same being the bighest and best bid and executed his writing obligatory for the same with William BENHAM as his security who is deemed good and sufficient and a lien retained on the land until the purcchase money is paid all which is respectfully submitted Sept 22nd 1851 //s// John McDOUGAL C & M

Which being in no wise excepted to It is therefore considered by the Court that said report be and the same is hereby in all things confirmed.

Presley W. HENSLEY et al vs Henry MAY et al§ Petition to Sell Land & Slaves
Be it remembered that this cause came on for a final hearing this 22nd day of September 1851 before the honourable Elijah WALKER Judge &c and it appearing to the Satisfaction of the Court from the report of the Clerk & Master of this Court that the entire purcahse money for said lands and slave has been paid It is therefore ordered adjudged and decreed by the Court that all the right title claim and interest of each and all of said parties mentioned in the pleadings in this cause towit Presley W. HENSLEY & wife Elizabeth HENSLEY Nancy HENSLEY William HADDOCK & wife Elizabeth Frances HADDOCK Henry G. MAY William J MAY James HAM and wife Saleda HAM Martha BREWER John M. HENSLEY & wife Polly HENSLEY Henry May Polly May James MAY Joshua MAY and Emily MAY in and unto the lands and slave mentioned in the pleadings in this cause be divested out of them and that the said right and title to said one hundred and forty acre tract of land towit in Range 8 & section one in Wayne County beginning at a Double Oak 520 poles North of the 2 mile post that stands on the South boundary of said section thence North 180 poles to a post oak thence West 124½ poles //

page 47 Monday September 22nd 1851
to a black oak & hickory thence South 180 poles to a white oak thence East 124½ poles to the beginning be vested in said Josiah DARBY his heirs and assigns forever. And that said right and title to said twenty five acres in said range and section beginning at a poplar 58 poles South and 6 poles East from the South East corner of said one hundred and forty acre tract then South 90 poles to a Sycamore thence East 45 poles to a stake thence North 90 poles to a stake thence West 45 poles to the beginning be divested our of each and all of said parties and vested in James HADDOCK his heirs and assigns forever the bid of said Lewis SHEPARD having been transferred to said HADDOCK for said tract of land which said transfer is now on file in this cause and that all the right and title of each and all of said parties to said negro man Ben be divested out of them and vested in said Buckley HAM his heirs and assigns forever

The State of Tennessee vs John GIBSON§ Indictment for Murder
This day came the attorney General who prosecutes on behalf of the State and with the assent of the Court entered a Nolleprosequi in this Case and William B. WALKER assumes the costs in this behalf expended  It is therefore considered by the Court that this cause be dismissed and the defendant hereof discharged and that the State of Tennessee recover of said William B. WALKER the costs in this behalf expended assessed a aforesaid and that execution issue Ex

The State of Tennessee vs Thomas HENSON§ Tipling Prest
Came the attorney General who prosecutes on behalf of the State and the defendant in proper person and said defendant being charged on the presentment in this behalf pleads guilty thereto and for his deliverance puts himself upon the mercy of the Court It is therefore considered by the Court that the defendant be fined two dollars and that the State of Tennessee recover of said defendant the fine aforesaid also the costs in this behalf expended and taht execution issue Ex

The Grand Jury came into Court in a body under the care of their Sworn officer and returned into court an Indictment against William WALKER & James KYLE for an assault & battery endorsed by the foreman of the Grand Jury "a true bill as to KYLE but not as to WALKER" and retire to consider of other presentments

Ordered that Court be adjourned until tomrrow morning Eight Oclock //s// E WALKER

page 48 Tuesday September 23rd 1851

Present Hon't. Elijah WALKER Judge &c presiding

Jonathan C. ELLIOTT vs A. J. DAYLE§ Appeal
This day came the plaintiff by his attorney and the defendant having been solemnly called to come into court and plead to the suit brought against him by the plaintiff comes not but makes default It is therefore considered by the court that the plaintiff recover of the defendant the sum of Twenty five dollars and 2 cents the debt in the warrant mentioned also the costs in this behalf expended and that execution issue Ex.

Jonathan C. ELLIOTT vs A. J. DAYLE§ Appeal
This day came the plaintiff by his attorney and the defendant having been solemnly called to come into Court and plead to the Suit brought against him by the plaintiff comes not but makes default. It is therefore considered by the Court that the plaintiff recover of said defendant the sum of Twenty one dollars and 84 cents the debt in the warrant mentioned also the costs in this behalf expended and that Execution issue Ex

1. State of Tennessee vs John WILLIAMSON & Lucinda SHIELDS§ Indictment for Lewdness
This day came the attorney General who prosecutes on behalf of the State and with the assent of the Court enters a Nolle Prosequi in this case It is therefore considered by the Court that this case be dismissed and the defendants be hereof discharged and go hence and that the County of Wayne pay such costs on the part of the State expended as may be allowed by the County Court and that the same be certified to the County Court for allowance Ex

3. The State of Tennessee vs John B. COBB§ Indictment for Trespass
Came the attorney General who prosecutes on behalf of the State and with the assent of the Court enters a Nolle Prosequi in this case. It is therefore considered by the Court that this cause be dismissed and the defendant be hereof discharged and go hence and that the County of Wayne pay such costs on the part of the State expended as may be allowed by the County Court and that the same be certified

page 49 Tuesday September 23rd 1851

6. The State of Tennessee vs James CARTWRIGHT§ Indictment for A & B
Came the attorney General who prosecutes on behalf of the State and with the assent of the Court enters a Nolleprosequi in this cause It is therefore considered by the Court that this cause be dismissed and the defendant hereof discharged and that the County of Wayne pay such costs on the part of the State expended as may be allowed by the County Court and that the same be certified to the County Court for allowance Ex

State of Tennessee vs Aaron GRAY & Alexander COPELAND§ Indictment for Assault & Battery
This day came the attorney General who prosecutes on behalf of the State and with the assent of the Court enters a nolliprosequi in this case It is therefore considered by the Court that this Cause be dismissed and the defendants hereof discharged and go hence without day and that the County of Wayne pay such costs on the part of the State expended as may be allowed by the County Court and that the same be certified to the County Court for allowance. Ex.

17. State of Tennessee vs George BREWER§ Presentment for Tipling
Came the attorney General who prosecutes on behalf of the State and with the assent of the Court enters a Nolleprosequi in this case It is therefore considered by the Court that this cause be dismissed and the defendant hereof discharged and go hence and that the County of Wayne pay such costs on the part of the State expended as may be allowed by the County Court and that the same be certified to the County Court for allowance. Ex.

18. State of Tennessee vs George BREWER§ Presentment for Tipling
Came the attorney General who prosecutes on behalf of the State and with the assent of the Court enters a Nolleprosequi in this case. It is therefore considered by the Court that this cause be dismissed and the defendant hereof discharged and that the County Court pay such costs on the part of the State expended as may be allowed by the County Court and that the same be certified to the County Court for allowance.

Page 50 Tuesday September 23, 1851

19. State of Tennessee vs George BREWER§ Presentment for Tipling
This day came the attorney General who prosecutes on behalf of the State and with the assent of the Court enters a Nolleprosiqui in this case. It is therefore considered by the Court that this cause be dismissed and the defendant hereof discharged and go hence and that the County of Wayne pay such costs on the part of the State expended as may be allowed by the County Court and that the same be certified to the County Court for allowance Ex.

State of Tennessee vs Francis J. GLANCK [or GLAUCH]§ Indictment for Larceny
The Grandy Judy came into court under the care of their Sworn oficer in a body and returned into Court a Bill of Indictment against Francis J. GLANCK for Larceny which said indictment and the endoresements thereon are in the words and figures following to wit:

State of Tennessee, Wayne County§ Circuit Court September Term in the Year of our Lod one thousand Eight hundred and fifty one
The Grand jurors of the State of Tennessee duly elected empannelled Sworn and charged to inquire for the body of the County of Wayne aforesaid upon their oath present that Francis J. GLACK[sic] late of said County loafer on the twenty fifth day of August in the year of our Lord one thousand eight hundred and fifty one with force and arms in said County one Cloak of the value of eight dollars the proper goods and chattles and property of James C. BIFFLE then and there being found feloniously did steal take and carry away contrary to the form of the Statute in such case made and provided and against the peace and dignity of the State  And the Grand Jurors aforesaid upon their oath aforesaid do further present that said Francis J. GLAUCH on the day and year last aforesaid with force and arms in the County of Wayne aforesaid one cloak of the value of eight dollars the proper goods and chattles and property of Burrell WALKER and William WEST Inn Keepers doing business under the firm name and Style of Walker & West then and there being bound feloniously did Steal take and carry away contrary to the form of the Statute in such case made and provided and against the peace and dignity of the State  And the Grand Jurors aforesaid upon their oath aforesaid do further present that said Francis J. GLAUCK on the day and year last aforesaid with force and arms in the County of //

page 51 Tuesday September 23rd 1851
Wayne aforesaid one Cloak of the value of eight dollars to proper goods and chattles and property of Burrel WALKER and William WEST Innkeepers under the firm name and Style of Walker and West then lately before feloniously stolen taken and carried away feloniously did remove and have (he the said Francis J. GLAUCK then and there well knowing the said Cloak to have been feloniously taken, stolen and carried away) contrary to the form of the Statute in such case made and provided and against the peace and dignity of the State
// Robert A. HALL Attorney General &c
Burrell WALKER Prosecutor
James L. SNOWDEN William WEST Burrel WALKER S J FROST[?] William BURNS Sworn in open Court and sent to the Grand Jury this Sept. 23rd 1851
A True Bill William J. YOUNG foreman of the Grand Jury

20. State of Tennessee vs George BREWER§Presentment for Tipling
Came the attorney General who prosecutes on behalf of the State and with the assent of the Court enters a Nolleprosequi in this case It is therefore considered by the Court that this cause be dismissed and the defendant hereof discharged and go hence and that the defendant County of Wayne pay such costs on the part of the State expended as may be allowed by the County Court and that the same be certified to the County Court for allowance

21. State of Tennessee vs George BREWER§ Presentment for Tipling
This day came the attorney General who prosecutes on behalf of the State and with the assent of the Court enters a Nolliprosequi in this cause It is therefore considered by the County that this cause be dismissed and that the defendant be hereof discharged and go hence and that the [left unfinished in the record]

27. State of Tennessee vs Edw DAVIS§ Presentment for Escape
This day came the attorney General who prosecutes on behalf of the State and with the assent of the Court enters a Nolleprosiqui in this case it is therefore considered by the Court that this cause be dismissed and that the County of Wayne pay such costs on the part of the State expended as may be allowed by the County Court and that they same be certified to the County Court for allowance

page 52 Tuesday September 23rd 1851

28. State of Tennessee vs Edward DAVIS§ Presentment for assault & battery
Came the attorney General who prosecutes on behalf of the State and the defendant with the assent of the Court enters a Nolleprosequi in this cause It is therefore considered by the Court that this cause be dismissed and the defendant hereof discharged and that the County of Wayne pay such costs on the part of the State expended as may be allowed by the County Court and that the same be certified to the County Court for allowance.

53. State of Tennessee vs Davis S. HAMMOND§ Indictment for affray
This day came the attorney General who prosecutes on behalf of the State and the defendant in proper person and said defendant being charged on the Indictment in this behalf pleads not guilty thereto and for his trail puts himself upon the Country and the Attorney General doth the like Whereupon came a jury of good and lawful men of the County of Wayne towit Carroll H. HUGHLING Josiah ROBINSON Solomon JOBE Isaac SHIPMAN John JACKSON Jacob BENHAM Jesse S. ROSS William R. CURTIS James BREWER Benjamin HOLT George WHITTEN George WHITE who being duly elected tried and sworn well and truly to try the issue of traverse between the State of Tennessee and said defendant and a true verdict give according to evidence and the jurors aforesaid on their oath aforesaid do say the defendant is not guilty in manner and form as charged in the indictment in this behalf  It is therefore considered by the Court that said defendant be hereof discharged and go hence without day and that the County of Wayne pay such costs on the part of the State expended as may be allowed by the County Court and that the same be certified by the County Court and that the same be certified to the County Court for allowance

39. The State of Tennessee vs Jasper BREWER§ Presentment for affray
Came the attorney General who prosecutes on behalf of the State and the defendant in proper person and said defendant being charged on the presentment in his behalf pleads guilty thereto and for his deliverance puts himself upon the mercy of the Court it is therefore considered by the Court that the defendant for the offense aforesaid be fined fifty cents and that the State of Tennessee recover of said defendant the fine aforesaid //

page 53 Tuesday September 23rd 1851
said also the costs in this in this behalf expended and that he remain in custody unless the fine and costs are paid or secured or be otherwise discharged by due course of law Thereupon came Rial BREWER as security for said defendant and confesses Judgement in favour of the State of Tennessee for the fine and costs aforesaid it is therefore considered by the Court that the State of Tennessee recover as well of said defendant security as of said defendant the fine & costs aforesaid and that execution issue

State of Tennessee vs Stanford SUTTON§ Indictment for Arson
The Grand Jury came into Court in a body under the care of their sworn officer and returned into Court a bill of indictment against Stanford SUTTON for Arson which said bill of Indictment and the endoresements thereon are in the works and figures following to wit

State of Tennessee Wayne County§ Circuit Court September Term in the year of our Lord one Thousand eight hundred and fifty one
The Grand Jurors of the State of Tennessee duly elected empannelled sworn and charged to inquire for the body of the County of Wayne aforesaid upon their oath aforesaid present that Stanford SUTTON lat e of said County laborer on the eight day of July in the year of our Lord one thousand eight hundred and fifty one with force and arms in said County a certain valuable Store house then and there situated in the town of Waynesboro in said County of Wayne and then and there containing therein valuable goods and merchandize the property of William J. YOUNG and John R. HELTON partners in trade under the firm name and Style of Young & Helton unlawfully wilfully feloneously and maliciously did set fire to and burn to the great damage of them the said William J. YOUNG and John R. HELTON contrary to the form of the Statute in such case made and provided and against the peace and dignity of the State  And the Grand Jurors aforesaid upon their oath aforesaid do further present that said Stanford SUTTON on the day and year last aforesaid with force and arms in the County of Wayne aforesaid a certain valuable house containing valuable goods and merchandize therein then and there situated in the town of Waynesboro in said County of Wayne the property of David R. HOOD unlawfully feloniously wilfully and maliciously did burn did burn to the great damage of him the said David R. HOOD contrary to the form of the Statute in such case made and provided and against the peace and dignity of the State //s// Robert A. HALL Attorney General &c
William J. YOUNG Prosecutor
Henry MORRIS G. W. COBB William J. YOUNG Jonathan C. ELLIOTT //

page 54 Tuesday September 23, 1851
Washington CARTER Henry H. HUNTER John F. HALL Sworn in open Court and sent to the Grand Jury to give evidence this September 23rd 1851//s// John McDOUGAL Clerk
A Tue Bill W. J. YOUNG foreman of the Grand Jury

And the Grand Jury being in court as aforesaid returned into Court a bill of indictment against Edward GOULD alias EDWARD GOBBLE for trading with Slave a bill of Indictment against James ROSE for trading with slave each of which indictments is endorsed by the foreman of the Grand Jury "A True Bill" The Grand Jury being in Court as aforesaid returned into Court a bill of indictment against Andrew J. BREWER for an assault and battery which last mentioned bill of indictment is endorsed by the foreman of the Grand Jury "not a true bill" and the return to consider of other presentments a bill of Indictment against John BRYSON for disturbing publick worship endorsed by the foreman of the Grandy Jury not a true bill and then retire to consider of other presentments

State of Tennessee vs Francis J. GLAUCK§ Indictment for Larceny
This day came the attorney General who prosecutes on behalf of the State and the defendant being conducted to the bar of the Court in custody of the Sheriff of Wayne County and said defendant being arraigned and charged upon the bill of Indictment in his behalf pleads not guilty thereto and for his trial puts himself upon the Country and the attorney General doth the like whereupon came a jury of good and lawful men of the County of Wayne to wit King BREWER Joseph BREWER William WEST Andrew J. RISNER William M. HARRELSON Thomas DUREN Anderson CYPERT, John BEVERAGE William STAGGS Thomas ALEXANDER Benjamin HOLT & Isaac SHIPMAN Who being fuly elected tried and sworn well and truly to try the issue of traverse between the State of Tennessee and Said defendant and a true verdict give according to evidence and the evidence being closed and a part of the argument of counsel being heard the jurors aforesaid by consent of the attorney General and of the said Francis J. GLAUCK are put under the charge of Robert H. COOPER[?] a constable who is sworn to keep them together in some convenient apartment separately and apart from other citizens without permitting other persons to have any communications with them until their return into Court on tomorrow morning Ordered that said Francis J. GLAUCK be removed to jail

Ordered that Court be adjourned until tomorrow morning Eight Oclock //s// E. Walker

page 55, Wednesday September 24th, 1851

Court Met according to adjournment
Present as of yesterday the Honourable Elijah WALKER Judge &c presiding

Thomas MORRISON vs John L. FOWLER§ Motion to retare[?] costs
Came the parties by their attorneys and It appearing to the Court from the proof in this cause (taken by the Clerk to whom the same was refered at the last term of this Court) that the attendance of Joseph BRADY a witness has been wrongfully taxed against said MORRISON It is therefore ordered by the Court that the attendance of said Joseph BRADY be taxed against the same FOWLER in the case which he prosecuted against said MORRISON for damaging his Factory and fixtures and that his said attendance as a witness be disallowed as against said MORRISON and that said bill of costs respectively be corrected. It is further ordered by the Court that said John L. FOWLER pay the costs of this motion

57. The State of Tennessee vs Joseph W. CRINER§ Presentment for gaming
Came the attorney General who prosecutes on behalf of the State and the defendant in proper person Whereupon said defendant by his attorney moves the Court to quash the presentment in this cause And thereupon on consideration of said motion to quash the presentment in this case it is considered by the Court that said motion be sustained and that said presentment be quashed and the defendant hereof discharged and that the County of Wayne pay such costs on the part of the State expended as may be allowed by the County Court and that the same be certified to the County Court for allowance.

State of Tennessee vs Stanford SUTTON§ Indictment for Arson
Came the attorney General who prosecutes on behalf of the State and the defendant being conducted to the bar of the Court in custody of the Sheriff of Wayne County and said defendant being charged arraigned and charged upon the indictment in this behalf pleads not guilty thereto and for his trial puts himself upon the Country and the attorney General doth the like, whereupon it is ordered by the Court that said defendant be remanded to the jail of Wayne County from whence he was brought

page 56 Wednesday September 24th 1851

14. State of Tennessee vs Jacob HUBER§ Indictment for Lewdness
This day came the attorney General who prosecutes on behalf of the State and the defendant in proper person whereupon by consent of the attorney General and of said defendant this cause is continued until the next term of this Court. Thereupon said defendant and Rial BREWER who came into Court as security for said defendant acknowledged themselves to be indebted to the State of Tennessee in the sum of two hun sum of two hundred and fifty Dollars each to be levied of their goods and chattles lands and tenements respectively for the use of the State but to be void on condition that said defendant Jacob HUBER shall make his personal appearance before the Judge of the next Circuit Court to be held for Wayne at the Court house in the town of Waynesboro on the first Tuesday after the fourth Monday in January next and answer the State of Tennessee upon the indictment in this behalf and not depart without leave of the Court.

59. The State of Tennessee vs John CLAYTON & Marcena WESTMORELAND§ Indictment for Lewdness
Came the attorney General who prosecutes on behalf of the State and the defendants in proper person Whereupon by consent of the attorney General and of siad defendants it is ordered by the Court that this cause be continued until the next term of this Court sufficient cause appearing to the Court for the same from the affidavit of the defendant John CLAYTON filed in this cause Thereupon said defendants and Carroll H. HUGHLING and Rial BREWER who came into Court as securities for said defendants acknowledged themselves to be indebted as follows to wit the said defendants in the sum of two hundred and fifty Dollars each and the said Securities in the Sum of two hundred and fifty dollars jointly and severally to be levied of tehir goods and chattles lands and tenements respectively for the use of the State but to be void on condition that the said defendants John CLAYTON and Marcena WESTMORELAND shall each make his or her personal appearance before the judge of the next Circuit Court to be held for the County of Wayne at the Court house in the town of Waynesboro on the first Tuesday after the fourth Monday in January next and answer the State of Tennessee upon the indictment in this behalf and not depart from said Court without leave of the same

page 57, Wednesday September 24th 1851

43. State of Tennessee vs John BERRY§ Presentment for affray
This day came the attorney General who prosecutes on behalf of the State and the defendant in proper person and said defendant being charged upon the Presentment in this behalf pleads not guilty thereto and for this trail puts himself upon the Country and the attorney General doth the like and thereupon came a jury of good and lawful men of the County of Wayne towit Lorenzo D. McMAHON Edward A. RUTLEDGE George WHITTEN William H. BROWN Thornsberry G. ALLEN Andrew J. BREWER David H. MERRIMAN Jacob HUBER Washington CARTER James W. CYPERT William H. HUFFINES and William R. CURTIS Who being duly elected tried and sworn well and truly to try the issue of traverse between the State of Tennessee and said defendant and a true verdict give according to evidence and the jurors aforesaid on their oaths aforesaid do say that the defendant is not guilty in manner and form as charged in the presentment in this behalf It is therefore considered by the Court that the defendant be hereof discharged and go hence and that the County of Wayne pay such costs on the part of the State expended as may be allowed by the County Court and that the same be certified to the County Court for allowance

45. State of Tennessee vs Willey BRANTLEY§ Presentment for Tipling
Came the attorney General who prosecutes on behalf of the State and the defendant in proper person and said defendant being charged upon the presentment in this behalf pleads not guilty thereto and for his trial puts himself upon the County and the attorney General doth the like whereupon came a jury of good and lawful men of the County of Wayne towit Washington CARTER George WHITTEN Carroll H. HUGHLING William J. MAY Lorenzo D. McMAHON Reason[?} M. H. WILSON William R. CURTIS William H. HUFFINES Jacob HUBER William WILSON George W. HOUSE Jason C. WALKER who being duly elected tried and sworn well and truly to try the issue of traverse between the State of Tennessee and said defendant and a true verdict give according to evidence and the jurors aforesaid on thier oaths do say that the defendant is guilty in manner and form as charged in the presentment in this behalf It is therefore considered by the Court that the defendant for the offence aforesaid be fined two dollars & fifty cents and that the State of Tennessee recover of said defendant the fine aforesaid also the costs in this behalf expended and that he remain in custody unless the fine and costs aforesaid are paid or secured or be otherwise discharged by due course of law

Ordered by the Court that the attorney General file indictments against the following persons for the following offences one against Isaac McGLAMERY for assault & battery one against Edward GOBBLE for trading with slave one against James ROSE for same offence one Wm DUREN for disturbing public worship

page 58 Wednesday September 24th 1851

7. State of Tennessee vs Buckley HAM§ Presentment for Tipling
This day came the attorney General who prosecutes on behalf of the State and the defendant in proper person and said defendant being charged on the presentment in this behalf pleads not guilty thereto and for his trial puts himself upon the Country and the attorney General doth the like whereupon came a jury of good and lawful men of the County of Wayne towit Jacob BENHAM John JACKSON Solomon JOBE Aaron A FARRENTON[?] Jesse S. ROSS James BREWER George WHITE Josiah ROBINSON Oze DICUS William D. SCOTT George T. FREDEKING and Thomas PRINCE who being duly elected tried and sworn well and truly to try the issue of Traverse between the State of Tennessee and said defendant and a true verdict give according to evidence and the jurors aforesaid upon their oaths aforesaid do say they cannot agree whereupon Jacob BENHAM one of said jurors is withdrawn the rest of the jury discharged and a mistrial agreed to And whereupon said Defendant and Rial BREWER who came into Court as security for said defendant acknowledged themselves to be indebted to the State of Tennessee in the Sum of two hundred and fifty Dollars each to be levied of their goods and chattles lands and tenements respectively for the use of the State but to be void on condition that said Buckley HAM shall make his personal appearance before the judge of the next circuit Court to be held for the County of Wayne at the Court house in the town of Waynesboro on the first Tuesday after the fourth Monday in January next and answer the State of Tennessee upon the presentment in this behalf and not depart from said Court without leave of the Court.

47 State of Tennessee vs Cornelius BAILEY§ Presentment for Tipling
This day came the attorney General who prosecutes on behalf of the State and the defendant in proper person and said defendant being charged on the presentment in this behalf pleads not guilty thereto and for his trail puts himself upon the County Whereupon came a jury of good and lawful men of the County of Wayne towit John JACKSON james BREWER Jesse S. ROSS Oze DICUS Wilson DANIEL John SAXON John MELTON Josiah ROBINSON George WHITE Lorenzo A. McMAHON George WHITTEN & John Mcee McGEE Who being duly elected tried and sworn well and truly to try the issue of Traverse between the State of Tennessee and said defendant and a true verdict give according to evidence and the jurors aforesaid on their oaths aforesaid do say that the defendant is not guilty in manner and form as //

page 59 Wednesday September 24, 1851
charged in the presentment in this behalf It is therefore considered by the Court that the defendant be hereof discharged and go hence and that the County of Wayne pay such costs on the part of the State expended as may be allowed by the County Court and that the same be certified to the County Court for allowance

46. State of Tennessee vs Willey BRANTLEY§ Presentment for Tipling
This day came the attorney General who prosecutes on behalf of the State and the defendant in proper person and said defendant being charged on the presentment in this behalf pleads not guilty thereto and for his trial puts himself upon the Country and the attorney General doth the like and thereupon came a jury of good and lawful men of the County of Wayne towit James W. CYPERT William H. BROWN John W. BERRY Daniel T. CARTER Andrew J. BREWER Jackson ARNOLD Thornton WILSON Albert G. CLAY James L.SNOWDEN, William ARNOLD Joshua MATHENY and David K. HOOD. Who being duly elected tried and sworn well and truly to try the issue of traverse between the State of Tennessee and said defendant and a true verdict give according to evidence and the jurors aforesaid o their oaths aforesaid do day they cannot agree whereupon David K. HOOD one of said jurors is withdrawn the rest of the jury discharged and a mistrial agreed to

66. State of Tennessee vs George W. DUREN§Indictment for Keeping Bawdy house
Came the attorney General who prosecutes on behalf of the State and the Defendant George W. DUREN and William JONES as his se whereupon by consent of said Attorney General and said defendant this cause is continued until the next term of this Court And thereupon said defendant and William JONES who came into Court as security for said defendant acknowledged themselves to be indebted to the State of Tennessee in the sum of two hundred and fifty Dollars each to be levied of their goods and chattles lands and tenements respectively for the use of the State but to be void on condition that the said defendant George W. DUREN shall make his personal appearance before the Judge of the next Circuit Court to be held for the County of Wayne at the Court house in the town of Waynesboro on the first Tuesday after the fourth Monday in January next and answer the State of Tennessee upon the indictment in this case behalf and not depart from said Court without leave of the Court

54. State of Tennessee vs Samuel LAWSON§ indictment for assault & Battery
Came the attorney General who prosecutes on //

page 60 Wednesday September 24th 1851
behalf of the State and the defendant in proper person and said defendant being charged upon the Indictment in this behalf pleads not guilty thereto and for his trial puts himself upon the Country and the attorney General doth the like Whereupon came a jury of good and lawful men of the County of Wayne towit Solomon JOBE James L. SNOWDEN John H. EAST Thornsberry G. ALLEN George W. HOUSE George WHITE Jesse S. ROSS George WHITTEN Josiah ROBINSON William R. CURTIS William H. HUFFINES and Josiah KILBURN who being duly elected tried and sworn well and truly to try this issue of traverse between the State of Tennessee and said defendant and a true verdict give according to evidence and the jurors aforesaid on their oaths aforesaid do say that the defendant is not guilty in manner and form as charged in the indictment in this behalf it is therefore considered by the Court that the defendant be hereof discharged and go hence and that the County of Wayne pay such costs on the part of the State expended as may be allowed by the County Court and that the same be certified to the County Court for allowance Ex

55. State of Tennessee vs Samuel LAWSON§ Indictment for Wearing Bowie Knife
This day came the attorney General who prosecutes on behalf of the State and the defendant in proper person and said defendant being charged on this Indictment in his behalf pleads not guilty thereto and for his trial puts himself upon the Country and the attorney General doth the like Whereupon came a jury of good and lawful men of the County of Wayne towit Solomon JOBE James L. SNOWDEN John H. EAST Thornsberry G. ALLEN George W. HOUSE George WHITE Jesse S. ROSS George WHITTEN Josiah ROBINSON William R. CURTIS William H. HUFFINES and Josiah KILBURN Who being duly elected tried and sworn well and truly to try the issue of traverse between the State of Tennessee and said defendant and a true verdict give according to evidence and the jurors aforesaid on their oaths aforesaid do say that the defendant is not guilty in manner and form as charged in the indictment in this behalf it is therefore considered by the Court that the defendant be hereof discharged and go hence and that the County of Wayne pay such costs on the part of the State expended as may be allowed by the County Court and that the same be certified to the County Court for allowance Ex

The Grand Jury came into Court in a body under the care of their sworn officer and returned into Court a Bill of Indictment against John FOREHAND for malicious mischief and a bill of indictment against Isaac McGLAMERY //

page 61 Wednesday September 24th 1851
for an assault and battery each of which Indictment is endorsed by the foreman of the Grand Jury a true bill and then retire to consider of presentment

50. State of Tennessee vs William WILSON§ Indictment for disturbing public worship
This day came the attorney General who prosecutes on behalf of the State and the defendant in proper person and said defendant being charged upon the indictment in this behalf pleads not guilty thereto and for his trial puts himself upon the Country and the attorney General doth the like Whereupon came a jury of good and lawful men of the County of Wayne towit John JACKSON James BREWER Jesse S. ROSS Oze DICUS Williamson DANIEL John SAXON John MELTON Isiah ROBINSON George WHITE Lorenzo D. McMAHON George WHITTEN John McGEE Who being duly elected tried and sworn well and truly to try the issue of traverse between the State of Tennessee and said defendant and a true verdict give according to evidence and the jurors aforesaid upon their oaths aforesaid do say that the defendant is guilty in manner and form as charged in the bill of indictment in this behalf. It is therefore considered by the Court that said defendant for the offence aforesaid be fined fifteen dollars and that the State of Tennessee recover of said defendant the fine aforesaid also the costs in this behalf expended and that he remain in custody unless the fine and costs aforesaid are paid or secured or be otherwise discharged by due course of law. Whereupon came Jacob B. BIFFLE as security for said defendant and confesses judgement in favour of the State of Tennessee for the fine and costs aforesaid It is therefore considered by the Court that the State of Tennessee recover as well of said security as of said defendant the fine and costs aforesaid and that execution issue Ex.

7. State of Tennessee vs Buckley HAM§ Presentment for Tipling
Came the attorney General who prosecutes on behalf of the State and with the assent of the Court enteres a Nolleproseque in this cause It is therefore considered by the Court that the defendant be hereof discharged and go hence without day and that the County of Wayne pay such costs on the part of the State expended as may be allowed by the County Court and that the same be certified to the County Court for allowance Ex

15. State of Tennessee vs Buckley HAM§ Indictment for Tipling
Came the attorney General who prosecutes on behalf of the State and the defendant //

page 62 Wednesday September 24th 1851
in proper person Whereupon the attorney General with the assent of the Court enters a nolleproseque in this cause and the defendant assumes fifteen dollars of the costs in this case. It is therefore considered by the Court that this cause be dismissed and that the State of Tennessee recover of said defendant the said sum of fifteen dollars of the costs in this behalf expended and that execution issue It is further considered by the Court that the County of Wayne pay such balance of the costs on the part of the State expended as may be allowed by the County Court and that the same be certified to the County Court for allowance.

14. State of Tennessee vs Lucinda STUCKER§ Indictment for Lewdness
Came the attorney General who prosecutes on behalf of the State and the defendant in proper person and said defendant being charged upon the indictment Indictment in this behalf pleads not guilty thereto and for her trial puts herslef upon the Country and the attorney General doth the like Whereupon came a jury of good and lawful men of the County of Wayne towit William F. LYNCH John JACKSON James BREWER Oze DICUS Harmon LAKEY John MELTON George W. BARKER William H. BROWN, Ulyses H. ROSS George W. YOUNG Cavel B. McLEAN and Aaron A. FARENTON who being duly elected tried and sworn twell and truly to try the issue of Traverse between the State of Tennessee and said defendant and a true verdict give according to evidence and the jurors aforesaid upon their oaths aforesaid do say that the defendant is guilty as charged in the indictment in this behalf It is therefore considered by the Court that said defendant be fined one dollar and that the State of Tennessee recover of said defendant the fine aforesaid also the costs in this behalf expended and that execution issue Ex.

39. State of Tennessee vs Frederick JOHNSON§ Presentment for an affray
Came the attorney General who prosecutes on behalf of the State and the defendant in proper person and said defendant being charged on the presentment in this behalf pleads not guilty thereto and for his trial puts himself upon the Country and the attorney General doth the like Whereupon came a jury of good and lawful men of the County of Wayne towit Isaac SHIPMAN Solomon JOBE Elijah McMAHAN William R. CURTIS Thornsberry G. aLLEN Jesse S. ROSS Geoerge WHITE George T. FREDEKING Benjamin HOLT Joseph EAST James L. SNOWDEN George WHITTEN who being duly elected tried and sworn well and truly to try the issue of traverse between the State of Tennessee and said defendant //

page 63 Wednesday September 24th 1851
and a true verdict give according to evidence and the jurors aforesaid on their oaths aforesaid do say that the defendant is guilty in manner and form as charged in the presentment in this behalf. It is therefore considered by the Court that said defendant for the offence aforesaid be fined two one dollar and fifty cents and that the State of Tennessee recover of said defendant the fine aforesaid also the costs in this behalf expended and that he remain in custody unless the fine and costs are paid or secured or be otherwise discharged by due course of law

62. State of Tennessee vs Francis J. GLAUCK§ Indictment for Larceny
Came the attorney General who prosecutes on behalf of the State and the defendant being conducted to the bar of the Court in custody of the Sheriff of Wayne County and came also the jury on yesterday duly elected tried and sworn and charged to well and truly to try the Issue of Traverse between the State of Tennessee and said defendant and a true verdict give according to evidence to wit King BREWER Joseph BREWER William WEST Andrew J. RISNER William M. HARRELSON Thomas DUREN Anderson CYPERT John BEVERAGE William STAGGS Thomas ALEXANDER Benjamin HOLT & Isaac SHIPMAN and the arguement of counsel being closed and the charge of the Court delivered the jurors aforesaid on their oaths aforesaid do say that they find the defendant Francis J. GLAUCK guilty of larceny as charged in the indictment in this behalf And the jurors aforesaid upon their oaths aforesaid do further ascertain and say that the said Francis J. GLAUCK for the office aforesaid shall undergo confinement in the jail and penitentiary house of the State of Tennessee for the Space of one year. The jurors aforesaid would recommend the said Francis J. GLAUCK to the clemency of the Court to substitute fine and imprisonment at the discretion of the Court instead of the term of confinement in the penitentiary house

Riley M. MELTON Exparte§ Petition to be restored to citizenship
Be it remembered that this cause came on this 24th day of September 1851 for a hearing before the Honourable Elijah WALKER Judge &c upon the petition of petitioner and proof in the cause and it appearing to the satisfaction of the Court from the testimony of Joseph DUREN, John MCGEE and Micajah MCGEE three credible witnesses on oath that said petitioner Riley M. MELTON resides in said County of Wayne and State of Tennessee and that for more //

page 64 Wednesday September 24th 1851
than three years next before this said application and since the said Judgement of disqualification towit at the October term of the said Circuit Court for the year of our Lord one thousand eight hundred and forty one the said Riley M. MELTON has conducted himself as a good respectable honest citizen and that he is generatlly estimated as such by his neighbors

It is therefore ordered adjudged and decreed by the Court that said Riley M. MELTON be restored to all the rights and privileges of citizenship in as full and ample complete a manner as if said conviction judgement and disqualification had never been had. And it is further ordered by the Court that said Riley M. MELTON pay the costs in this behalf expended and the execution issue and that Clerk of the Court certify a Copy &c.

Ordered that Court be adjourned until tomorrow morning Eight Oclock //s// E. WALKER


Go to next installment

Return to first installment

Return to County Records Page

Return to Contents page