14th District Court BookA

November 1849

(p. 140) 19th November 1849 
District Court of Dallas within the 9th Judicial District. Bennett H. Martin, presiding, A. J. Fowler, District Attorney, William Jenkins, Sheriff, and Samuel B. Pryor, Clerk of said court. 

Sheriff returned into court the venire executed on the following named persons: Thomas M. Ellis, Anthony Bledsoe, William Flemming, Benjamin F. Andrews, Edwin Reid, Joseph Graham, John Robertson, Richard Bruton, Essac Elam, Wesley Cockrell, Allbert G. Collins, David Bradshaw, A. Bledsoe, Andrew J. Nanny, William James, William P. Overton, Josiah Ashlock, Henry Clark, Samuel Beeman, John Cox, Calvin G. Cole, George W. Glover, James Armstrong. Excused were: Wm. F. Newton, Thomas Cheshire, Wm. Cox, Charles Baker, John W. Overton, Gideon Pemberton, James Anderson, John L. Pullium, Thomas Burris, and not found were: Thomas Butler, Aaron West and Samuel Hammock. 

Grand jury selected: Thomas M. Ellis, Anthony Bledsoe, William Flemming, Benjamin F. Andrews, Edwin Reid, Joseph Graham, John Robertson, Richard Bruton, Isaac Elam, Wesley Cockrell, Albert G. Collins, David Bradshaw, A. Bledsoe, Andrew J. Nanny, William James and William P. Overton. A. Bledsoe to serve as foreman. Adam Haught appointed Bailiff. 


There being but seven of the original jurors left, a special venire facias is issued for seventeen jurors. 

(p. 141) Monday November 19th, 1849 
Morris Ferris vs Levi Turner. Trespass.
Case dismissed at the plaintiffs cost. (Morris Ferris and Alex Harwood, his securities). 

Tuesday November 20th, 1849 
Levi Turner vs Morris Ferris. Trespass.
Defendant ask that the plaintiff give better security and William James came into court and acknowledged himself as security. 

(p. 142) 
Samuel G. Newton and William J. Walker,
assignees for Charles A. Warfield vs Robert Sloan. Debt.
The parties came for final hearing and the jury is: T. C. Hawpe, Simco Poplewell, Henderson Couch, Calvin G. Cole, Edward Mills, James J. Godman, James Shirac, Nathan Atterbury, John H. Barlow, Elias Myers, Horace Burnham, Obediah Knight. The verdict: find for the plaintiff, judgement for $583.77 principal and interest. T. C. Hawpe, foreman. Plaintiff to recover of the defendant the sum plus all the cost. 

Bush & Gouger vs Hewitt & Tilley. Debt.
Case continued. 

(p. 143) 
William M. Cochran vs Jefferson Tilley. Appeal.
Jury: Josiah Ashlock, Henry Clark, Samuel Beeman, John Cox, George W. Glover, James Armstrong, William Myers, Abraham Bast, John Conder, Samuel Haught, Thomas Lumley, and J. Hardin. Find for the plaintiff; judgement for damages of $58.50; also, cost of the suit. 

Horace Burnham vs David R. Cameron. Trespass.
Case continued until next term and James Cole acknowledged himself liable for all costs. 

(p. 144) 
Benjamin Keefer vs John M. Crockett, Administrator. [blank]
Case continued on affidavit of defendant. 

William J. Walker vs Petition of Debt.
William Myers and John W. Smith.
Said plaintiff to recover from the defendants the sum of $142.35, the same being principal and interest upon the note, plus court costs. 
(p. 145) Wednesday November 21st, 1849 
Ann Durall vs David Bradshaw. Appeal.
Jury: Josiah Ashlock, Henry Clark, Samuel Beeman, John Cox, George W. Glover, James Armstrong, William Myers, Abraham Bast, John Conder, Samuel Haught, Thomas Lumly and J. Hardin. Found for the plaintiff; $80.00 debt and $20. damages. James Armstrong, foreman. 

Ann Durall vs David Bradshaw. On Motion for New Trial.
This cause came on motion for a new trial, and thereupon the said plaintiff Ann Dural remits the sum of twenty dollars, the excess over the proof of the value of the horse in controversy. 

(p. 146) 
State of Texas vs James Briant. Gaming.
Pleads not guilty. Jury: T. C. Hawpe, William Trimble, Stephen B. McComas, Calvin G. Cole, John H. Cox, James Shirac, John H. Barlow, Elias Myers, John Langley, Horace Burnham, Joseph King, and Edward Mills. Defendant found not guilty, T. C. Hawpe, foreman. 

State of Texas vs James J. Godman. Gaming.
Pleads guilty. Jury: Josiah Ashlock, Henry Clark, Samuel Beeman, John Cox, George W. Glover, James Armstrong, William Myers, Abraham Bast, John Conder, Samuel Haught, Thomas Lumley, and J. Hardin. Verdict: the defendant is fined $10. together with the costs and is to be committed until said fine and costs are paid. 

(p. 147) 
State of Texas vs Sanders Elliott. A & B.
Case continued until next term. 

State of Texas vs George Linny. Gaming.
Defendant pleads not guilty. Jury: T. C. Hawpe, William Trimble, Stephen B. McComas, Calvin G. Cole, John H. Cox, James Shirac, John H. Barlow, Elias Myers, John Langley, Horace Burnham, Joseph King and Edward Mills. Found defendant not guilty, T. C. Hawpe, foreman. 

State of Texas vs Joseph Pington. Gaming.
Case dismissed. 

(p. 148) 
State of Texas vs Jesse Smith, Disturbing Religious Worship.
Joseph Yates & Anderson Wheeler. 
Case continued. 

State of Texas vs William Chenault. A&B.
Case dismissed. 

State of Texas vs Alex Harwood & Peter Haught. [blank]
Defendants plead not guilty. Jury: T. C. Hawpe, William Trimble, Stephen B. McComas, Calvin G. Cole, John Cox, James Shirac, John H. Barlow, Elias Myers, John Langley, Horace Burnham, Joseph King and Edward Mills. (p. 149) Found not guilty. T. C. Hawpe, foreman. 

The Grand Jury presents bills of indictment endorsed as true bills by their foreman, A. Bledsoe: 
Elisha Bennett A & B 
Peter Schoonover Burning Prairie 
James Mackey & Henderson Couch Assault; Intent to Kill 

(p. 150) Thursday November 22nd, 1849 
State of Texas vs Henry C. Long. Gaming.
Pleads guilty. Jury: Josiah Ashlock, Henry Clark, Samuel Beeman, John Cox, George W. Glover, James Armstrong, T. C. Hawpe, George L. Lenard, John Carder, Samuel Haught, J. Hardin and Edward Mills. Fine of $10., James Armstrong, foreman. Pay fine and cost of suit and remain in custody of sheriff until paid. 

State of Texas vs Henry C. Long. Betting at “21.”
Defendant to pay cost and to be committed until paid. 

(p. 151) 
State of Texas vs Henry C. Long. Gaming.
Defendant to pay cost and to be committed until paid. 

State of Texas vs William Freeland. Gaming.
Case continued until next term. 

State of Texas vs William Freeland. Gaming.
Case continued until next term. 

State of Texas vs Robert Woodruff. Gaming.
Case continued until next term. 

(p. 152) 
State of Texas vs Adam Haught & Calvin G. Cole. Gaming.
Plead not guilty. Jury: T. C. Hawpe, Simco Popplewell, Henderson Couch, Edward Mills, James J. Godman, James Shirac, Nathan Atterbury, J. H. Barlow, Isaac Edward, Levi Turner, John Cox, A. J. Mannin. Found not guilty. T. C. Hawpe, foreman. 
State of Texas vs Jesse H. Kelly. A & B.
Pleads not guilty. Jury: T. C. Hawpe, Simco Popplewell, Henderson Couch, Edward Mills, James J. Godman, James Shirac, Nathan Attebury, J. H. Barlow, Isaac Edward, Levi Turner, John Cox, A. J. Manning. Found guilty and assessed fine at $1.00. T. C. Hawpe, foreman. (p. 153) Stand committed until fine and cost are paid. 

State of Texas vs Henderson Couch and John Allen. Gaming.
Case dismissed. 

State of Texas vs Henry C. Long. A&B.
Case dismissed. 

State of Texas vs Samuel B. Pryor & Peter Haught. Gaming.
Case dismissed. 

(p. 154) 
State of Texas vs James Mackey. On Recognizance from Justice of
Peace for Assault with Intent to Kill.
Defendant not appearing. Jefferson Tilley, Henderson Couch, Absalom Stevens, John Stevens, his securities and bond, being respectively, three times called, and required to surrender the body of the said James McKey in discharge of their said bond and recognizance, considered by the court that this bond is forfeited and recover from defendants the sum of $120, being the sum of penalty in said bond with cost and charges. Returnable at the next term of court and case continued. 

Mary J. Moon vs Jefferson Tilley & Samuel G. Newton,
survivors of John Hewit, deceased. 
Mary J. Moon to recover from Jefferson Tilley & Samuel G. Newton the sum of $327.70, being principal and interest due on this note. By agreement of the parties no execution for six months. 

(p. 155) 
Jefferson Weatherford vs Charles A. Warfield. Bill in Equity.
Case continued. 

Jefferson Weatherford vs Charles A. Warfield. Bill for Specific
Case continued. Performance.

Came into court Henderson Couch, principal and Calvin G. Cole, Stephen B. McCommas, William James and acknowledged themselves to be indebted to the State of Texas in the sum of $1,000 that Henderson Couch personally appear before the District Court of Dallas County and not depart without leave of the court. 
(p. 156) Friday, November 23rd 1849 
William J. Hickling vs William Carder. Appeal.
Defendant moves the court to rule the plaintiff be security for cost, which motion was dismissed. 

John Mills vs Joseph King. 
Plaintiff to give security for cost which motion was sustained and John Langly acknowledged himself as security. 

D. Rice vs G. Lenard. 
Plaintiff to give security for cost, which motion was sustained and John Hibbert acknowledged himself as security. 

D. M. Moore vs Jefferson Tilly, etc.
Defendant moves the court to exclude the deposition which motion was sustained and case continued until next term of court. 

(p. 157) 
William J. Hickling vs William P. Carder. Appeal.
Jury: William Keen, Henry Clark, Samuel Beeman, John Cox, Calvin G. Cole, George W. Glover, James Armstrong, Wm. Myers, Abraham Bast, John Conder, Samuel Haught and Thomas Lumly. Find for the plaintiff $50. and cost of suit. James Armstrong, foreman. Plaintiff to recover of the defendant and his securities James B. McComas and Nathan Atterbury said sum of $50. together with all costs of suit. 

D. M. Moore vs Jefferson Tilley, surviving partner, etc. Appeal.
Case continued. 

(p. 158) 
Mercer Fain vs William Myers. Trespass.
Case continued until next term. 

John M. Crockett vs William Myers & Isaac N. Coombs. Appeal.
Case continued until next term. 

Frances Archer vs Stephen B. McComas. Appeal.
Case continued. 

Alex M. Crum vs Eli Merrill. Appeal.
Case continued. 

(p. 159) 
John Mills vs Joseph King. 
Final hearing. The jury: T. C. Hawpe, Simco Popplewell, James J. Godman, James Shirac, Nathan Atterbury, John H. Barlow, A. B. Danks, J. B. Hibbert, Evert Shirac, Thomas M. Ellis, Isaac N. Coombs and John Langly. Find for defendant and to recover from John Mills all his cost in that suit. T. C. Hawpe, foreman. 

(p. 160) Saturday November 24, 1849 
William Myers vs Mercer Fain. 
Defendant by his attorney moved the court quash the attachment which motion was sustained and defendant to recover the cost. 

William M. Cochran vs Jefferson Tilley. 
Defendant petitions the court for a new trial which is overruled. 

A. Cockrell vs A. G. Walker & John W. Smith. Appeal.
Plaintiff to recover from defendant A. G. Walker, principal and John W. Smith, his security, the sum of $33.50 and interest and cost of the suit. 

(p. 161) 
State of Texas vs Joseph King. Appeal.
Defendant moved the case be dismissed. Motion sustained. 

J. M. Hardin vs T. C. Hawpe. Appeal.
Defendant moves the court dismissed case and motion sustained. 

Upon motion of the District Attorney it is ordered by this court that all persons that are ordered into custody of the sheriff until all fines and costs are paid upon judgement in criminal cases shall be conveyed to the jail of Collin County (there being no jail in Dallas County) and there to remain until all fines and costs are paid according to law on the order of this court. 

(p. 162) 
B. H. Doss vs Samuel B. Pryor & F. B. Gilliam. 
Plaintiff did not appear and defendant to recover from principal and James B. Allen his security all costs of this suit as well as in the Court of Justice of the Peace 

Court adjourned. /s/ B. H. Martin, District Judge. /s/ Samuel B. Pryor, Clerk. 

(p. 163) [blank page]

p. 164) 26th January 1850 
Samuel B. Pryor, Clerk of the District Court, Alex Harwood, Deputy County Clerk, and William Lennard, Acting Justice of the Peace drew the names of the following persons to serve as jurors during the spring term of the District Court, 1850. Called: J. M. Roberson, Isaac Ramsey, Micajah Goodwin, A. G. Walker, David Shahan, Levi Turner, Hiram Bennett, John S. Tucker, Thomas A. Philips, William H. Newton, Henson Davis, Warren A. Ferris, John Stadden, Weston Perry, Joel Walker, John Edwards, Wm. Sacksay, Samuel Sloan, Pleasant Taylor, Wm. Eales, Abraham Snider, Everhard Sharock, Sr., James A. Shelly, George Cox, Henry Tucker, Wm. Turner, Thomas Johnson, Caswell C. Overton, Thomas Easten, Joseph King, Wm. J. Snow, Wm. T. Dunn, Wm. Pruitt, Wm. C. Shelton, George Alvey, James D. Dollins. 

Revised: March 21, 2008


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