14th District Court BookA

November 1851

(p. 244) Monday 10 November 1851
Present are Bennett H. Martin, Judge; Nat M. Burford, District Attorney; Edward C. Browder, Clerk; T. C. Hawpe, Sheriff.
The sheriff returned the executed jury list for the persons named except William J. Snow, William M. Newton and B. L. Frost. The following were selected for the Grand jury: James Lewis, Alexander Thomas, Jesse Cox, J. H. Cox, O. W. Knight, Robert J. West, James B. McCommas, Isaac Lowe, A. W. Perry, Thomas N. Johnson, John W. Wright, John Casey, William Babbit, Edward Hunt, Foster W. Dunnaway. Robert J. West to be foreman; Wesley Chenault, constable to be bailiff.

(p. 245)
William Latham vs Henson Davis & John Davis. Trespass.
Defendants asked and obtained leave of the court to amend their answers.

John B. Hibbert & John M. Crockett, adms. of John Debt.
Huitt, dec'd., vs C. G. Cole & S. G. Newton
& James M. Cole.
Plaintiffs dismissed their suit and it was ordered by the court that the defendants recover from plaintiffs all their costs.

W. A. Ferris vs J. H. Snow and others, [blank]
heirs at law of James A. Murdock.
Cause continued.

(p. 246) Tuesday, 11 November 1851
Mercer Fane vs William Myers. [blank]
Upon affidavit of defendant, the case is continued.

William Latham vs. Henson Davis & John Davis. [blank]
Parties appeared and case is continued.

Smith Elkins vs. America Elkins. Divorce.
Defendant is represented by attorney, plaintiff not appearing in person or by attorney, case is dismissed for want of prosecution. It is therefore decreed that plaintiff pay costs.

(p. 247)
Peter Apperson vs Samuel T. Bledsoe. Certiorari.
A witness was objected to by the plaintiff, but the objection was overruled by the court and the evidence was heard. the jury retired but did not agree and therefore it was declared a mistrial. 

James Beeman vs Catherine Beeman. Divorce.
Plaintiff's attorney asked and obtained permission to amend his petition.


(p. 248) Wednesday, 12 November 1851 
Bush & Gouger vs Huitt & Tilly. Debt.
Case continued.

State of Texas vs Frederick Ballard. Murder.
Case continued.

State of Texas vs James Macky. Assault with Intent to Kill.
Alias capias issued to McLennan County and case continued.

(p. 249)
State of Texas vs John A. Jackson. Assault with Intent to Kill.
Case continued and alias capias issued.

State of Texas vs William Myers. Cutting Timber.
Defendant appeared and pleaded not guilty. Jury: D. R. Cameron, John M. Harding, O. V. Ledbetter, John W. Overton, William Rowe, John W. Gorbit, Solomon Carver, John B. Hibbert, James Romine, Abram Hart, Albert Moor, John Lewis. Verdict: Find the defendant guilty and assess a fine at $10.00, D. R. Cameron, foreman. Defendant is to remain in custody of the sheriff until fine and costs are paid.

State of Texas vs John S. Tucker. Perjury.
Case continued by petition of the state with an order by the court to be issued for Henry Horner, one of the principal witnesses for the state.

(p. 250)
State of Texas vs A. Bledsoe. A & B.
Case continued to next term.

State of Texas vs James Sherock. Cutting & Carrying away Timber.
Defendant pleads not guilty and case is dismissed.

State of Texas vs Asher Carter. Destroying Timber.
Case continued.

State of Texas vs Henry Hall. Destroying Timber.
Case continued until next term.

State of Texas vs William Combs. A & B.
Case continued.



(p. 251)
Grand Jury presents the following bills of indictment as true bills:
John Wesley Smith Maiming Cattle.
John Wesley Smith Maiming Cattle.
William P. Holman Maiming Stock.
L. L. Marshall Shooting Cattle.
Robert Whisinant Burning Prairie.
Levi Turner Burning Prairie.
Calvin G. Cole Assault & Battery.

Thursday, 13 November 1851
James Beeman vs Catherine Beeman. Divorce.
Plaintiff appears by his attorney; defendant not appearing in person or by attorney, Nat M. Burford is offered by the court as attorney for defendant. Jury: David R. Cameron, John M. Harding, O. V. Ledbetter, Nathan Atterberry, William Rowe, John G. Gorbit, Solomon Carver, John B. Hibbert, James Romine, Abram Hart, Albert Moor, John Lewis. Night coming on the jury is permitted to disperse until tomorrow morning at 9 o'clock. [Note: the conclusion of this case is recorded 7 pages later in the minute book (p. 258).]

(p. 252)
Mary Moon vs S. G. Newton & Jefferson Tilly. [blank]
Mary Moon and John M. Crockett, her attorney, filed a mandate from the State Supreme Court, State of Texas to District Court of Dallas County. Greetings! [dated] 2 May 1851, Appeal to state denied and previous judgement to stand.

(p. 253)
William Latham vs. John S. Tucker. [blank]
William Latham by his attorneys, Burford and Ragan, filed the mandate from the State Supreme Court, State of Texas. Mandate confirmed judgement of lower court. John Tucker to pay all court costs.

(p. 254)
William M. Cochran vs Jefferson Tilly. [blank]
Appeal dismissed for want of prosecution. Costs are assessed against Jefferson Tilly and his securities, Rowland Huitt and A. Bledsoe, in favor of William M. Cochran.

(p. 255)
D. Crumpacker vs John S. Frost. [blank]
Appeal dismissed for want of prosecution. Costs are assessed against John S. Frost and his securities, B. Frost and Anthony M. Leak in favor of D. Crumpacker.
(p. 256)
Grand jury presents the following true bills of indictment:
L. L. Marshall Swindling. 
Hiram Blackwell & Joseph Parker Gaming. 
John Fortner Shooting a Horse. 
John N. Bryan Assault with Intent to Murder. 
John C. McCoy Gaming. 
George Wright Passing Counterfeit Money. 

Friday 14 November 1851
Ordered by the court that Edward Mills pay the sum of $1.25 for not appearing as a juror.

Hiram Blackwell and Joseph Parker acknowledged themselves to stand indebted to the State of Texas for the sum of $100.00 each, void if they appear at the next term of court to answer a charge of Playing at a Game of Cards for which Money was Bet. Alexander Cockrell and J. B. McPherson, securities.

State of Texas vs John C. McCoy. Gaming.
Defendant pleads guilty. Jury: W. A. Ferris, William Turner, A. J. Nanny, William Rowe, Edward Springer, A. W. Webb, Archer Fikes, Thomas Lumley, John Hill, Asher Carter, Enoch Dye, William James; Enoch Dye, foreman. Verdict: A fine of $10.00 is assessed plus court costs. The defendant to remain in custody of the sheriff until fine and costs are paid.

(p. 257)
State of Texas vs John N. Bryan. [blank]
John N. Bryan makes bond for $1000.00 to appear at next term of court to answer charge of Attempt to Murder. A. G. Walker, his security.

Benjamin Mathews vs Injunction of Mandamus.
A. G. Walker & D. R. S. C. Galloway.
Case continued until next term of court.

George Markham vs William Bruton. Trespass.
Case continued until next term of court.

(p. 258)
James Beeman vs Catherine Beeman. Divorce.
Same jury as yesterday. One juror, David R. Cameron, being unwell was excused and by consent of the parties, Nathan Atteberry was substituted. [There seems to be a discrepancy in this entry since Nathan Atteberry is listed on the original jury panel for this case.] Jury finds the allegations true, C. G. Cole, foreman. Divorce is granted. Said plaintiff is to pay all costs. [In margin: Fee paid by James Beeman.]

W. A. Rogers vs Smith Elkins, [blank]
Thomas Keenan, & A. G. Walker.
Case against Elkins is dismissed. Keenan and Walker did not appear in person or by attorney. Court ordered that the judgement be made final against Keenan and Walker by default. The plaintiff to recover the sum of $168.00, principal and $25.52 interest with all costs. [In margin] Jury fee paid by Marshall. Jury fee refunded to Marshall and paid by Rogers.

(p. 259)
Isaac Anderson vs Calvin G. Cole. Trespass.
The parties and their attorneys appear. The jury is withdrawn and a mistrial is declared. 

(p. 260) Saturday, 15 November 1851
Ira Ellis vs John Davis. Damages to Try Title.
Defendant appears and neither plaintiff or his attorney appear. Case is dismissed for want of prosecution. Plaintiff is to pay all costs. [In margin: Jury fee paid by Marshall and refunded.]

Ira Ellis vs Thomas Burris. Damage to try Title.
Case dismissed on motion of the defendant. Plaintiff to pay all costs.

(p. 261)
Ira Ellis vs Albert Moor. Damage to Try Title.
Case was dismissed on motion of the defendant; plaintiff to pay all costs.

Ira Ellis vs Thomas Lumley. Damage to Try Title.
Case was dismissed on motion of the defendant; plaintiff to pay all costs.

Foster W. Dunnaway vs Lucius L. Marshall. Damage to Try Title.
On motion of the defendant, John B. Hibbert is appointed guardian ad litem for Margaret and Irene Huitt, minor heirs of John Huitt, deceased to defend and prosecute this suit.

(p. 262)
Ordered that the following declaration of intentions be spread upon the records of the court.
State of Texas: William B. Rowe, lately the subject of Victoria, Queen of England. Be it known that on the 11th day of September 1847 he sailed from the port of Liverpool for the United State of America; that he arrived in New Orleans, Louisiana on the [blank] day of December 1847; that he arrived in the county of Dallas, State of Texas the 28th January 1848; and that he has since continued to and still resides in the county up to the present time and it is his bona fide intention to become a citizen of the United States. William Boll Rowe. Sworn and subscribed the 14th November 1851. /s/ Edward C. Browder, Clerk.

(p. 263) Monday, 17 November 1851
William P. Carder vs J. B. McDermott. Trespass to Try Title.
Parties came by their attorneys. Jury: William B. Miller, foreman and eleven others [not named.] The jury is permitted to disperse until tomorrow.

(p. 264)
State of Texas vs L. L. Marshall. Swindling.
Defendant pleads not guilty. Prosecuting attorney is unwell and James Turney is appointed to prosecute in his stead. The case is submitted to the jury; B. J. Hunter, foreman and eleven others [not named.] Verdict: Not guilty, defendant is to recover all costs from the state.

(p. 265)
Ira Ellis vs John Davis. [blank]
Ira Ellis by his attorneys, Jack Davis and James Forney, came into court and filed motion to reinstate case. The motion was granted. 

Ira Ellis vs John Hill. [blank]
Ira Ellis by his attorneys, Jack Davis and James Forney came into court and filed motion to reinstate case. The motion was granted.

Ira Ellis vs Thomas Burris. [blank]
Ira Ellis by his attorneys, Jack Davis and James Forney came into court and filed motion to reinstate case. The motion was granted.

Ira Ellis vs Albert Moor. [blank]
Ira Ellis by his attorneys, Jack Davis and James Forney came into court and filed motion to reinstate case. The motion was granted.

Ira Ellis vs Thomas Lumley. [blank]
Ira Ellis by his attorneys, Jack Davis and James Forney came into court and filed motion to reinstate case. The motion was granted.

Ira Ellis vs John Davis, John Hill, Thomas Burris,
Albert Moor and Thomas Lumley. [blank]
Jack Davis and James Forney acknowledged themselves as securities for the above five cases for any costs that might occur.
(p. 267)
William P. Carder vs Joseph B. McDermett. Trespass to Try Title.
The same jurors as were sworn in yesterday, W. B. Miller, foreman. Verdict: The jury finds for the defendant who is to recover all his costs.

A. J. Hewitt vs Martha Hewitt. Divorce.
Plaintiff and defendant by their attorneys came into court. Jury: W. P. Carder, foreman [other jurors not listed.] Verdict: find allegations in plaintiff's petition to be true. Divorce is granted and plaintiff is to pay all court costs.

(p. 268) Wednesday, 19 November 1851
State of Texas vs William Myers. Cutting Timber.
Defendant files motion for a new trial but motion is overruled. 

State of Texas vs T. C. Hawpe and others. Escape of Prisoner.
Motion filed against Hawpe is dismissed.

Ira Ellis vs John Davis. Trespass to Try Title.
Case continued until next term.

Ira Ellis vs Thomas Lumley. Trespass to Try Title.
It is ordered that the venue be changed to Anderson County; Clerk of this court is to make transcript and forward it to the District Court of Anderson County.

(p. 269)
Ira Ellis vs Thomas Burris. Trespass to Try Title.
It is ordered that the venue be changed to Anderson County; Clerk of this court is to make transcript and forward it to the District Court of Anderson County.

Ira Ellis vs John Burris. Trespass to Try Title.
It is ordered that the venue be changed to Anderson County; Clerk of this court is to make transcript and forward it to the District Court of Anderson County.

Ira Ellis vs Albert Moor. Trespass to Try Title.
It is ordered that the venue be changed to Anderson County; Clerk of this court is to make transcript and forward it to the District Court of Anderson County.

James Turney, John Cravens and John H. Reagan.
Gentlemen: You are hereby appointed a committee to inquire into and report upon the professional conduct of L. L. Marshall, attorney of this Court. Mr. Marshall stands suspected of unprofessional conduct in a case specified in the answers of T. C. Hawpe and others. He, also, stands charged for swindling and shooting cattle. Committee is to report back. B. H. Martin, Judge, 9th District Court.

(p. 270)
Whereas, John J. Good a regular licensed attorney, having produced satisfactory evidence of such, as well as evidence of his good and moral character, I do hereby license him to practice as an attorney in District and County Courts. B. H. Martin, Judge of the 9th District Court.
Oath endorsed by John J. Good.

Personally appearing in open court, Barton Warren Stone a regular licensed attorney, having produced satisfactory evidence of such, as well as evidence of his good and moral character, I do hereby license him to practice as an attorney in District and County Courts. B. H. Martin, Judge of the 9th District Court. Oath endorsed by Barton Warren Stone.

(p. 271) Thursday, 20 November 1851
The committee appointed to investigate L. L. Marshall submits the following report.
1st. In reference to the charges growing out of the answers of T. C. Hawpe and others presented to the court, Nat M. Burford, District Attorney, charging said Hawpe and others permitting an escape. It was proven that George Wright did pass counterfeit money; that the said Marshall was his attorney before the Justice of the Peace, Beard; that as an attorney he demanded a jury trial of the prisoner Wright; that the Justice summoned a jury in compliance with Marshall's demand; that Wright by verdict of the jury was required to enter into recognizance for his appearance at the next term of District Court or go to jail. That Marshall, as attorney for Wright moved for a new trial on the grounds that it was illegal for a jury to sit in on committing court, which motion was overruled. That the said Wright put up the sum of $125.00 for his appearance at the next term of court, with said Marshall and William M. Lenard, as his securities. Marshall received as his fee a horse and gave a small note to Wright for the difference of his fee and value of the horse. When leading the horse off, in answer to a statement made by Chenault that the conviction was illegal and Wright would never come back, Marshall replied "no, he will not". At the time of the demand for a jury, Hawpe as acting sheriff refused to summon a jury telling Marshall it would be illegal. Marshall agreed, but said it was none of Hawpe's business. [Continued..]
(p. 272)
2nd. In reference to charge of Swindling it was proven that during the Fall Session of the present year, Marshall had a certain watch which he called a gold watch and which the witnesses suppose to be a gold watch. Marshall said that he bought the watch from one Wisdom and paid a number of coins for it (the number not being known, but supposed to be three); that he sold the watch to John Busby for a horse. He told Busby and others that he had received the watch together with a daguerreotype containing a likeness of his father in the state of Mississippi as a present, by the hands of one Nettles and that his father had paid $125.00 [for the watch.] To others he made the same claim but said that he had received it by mail. That he said Busby had laughed at him and attempted to ridicule him about his bad trading and he made up the stories to trick Busby. He later told Busby that he had bought the watch from Wisdom; that at that time Busby was a student of law to Marshall.

3rd. They have not had time to investigate the charges. Mr. Marshall acknowledged that he killed the cow but denied all malice. We are of the opinion that the conduct of Mr. Marshall has been far below the standard of professional dignity and sincerity (p. 273) that should mark a member of the legal profession. The facts show such a want of moral rectitude and upright honorable deportment as makes him an unfit associate.
[dated] 20 November 1851. James Turney, John E. Cravens, John H. Reagan, committee.
Report is filed and at request of L. L. Marshall action of the court is suspended until next term.

State of Texas vs. Calvin G. Cole. A & B.
Defendant pleads not guilty and jury is selected; William P. Carder and eleven others [not named.] The jury failed to reach verdict; a mistrial was declared and the case continued until next term. Calvin G. Cole, principal, James Romines and William Lenard, securities posted bond of $100.00.

(p. 274)
John S. Tucker vs William Latham. [blank]
T. C. Hawpe, the commissioner appointed to carry out the intentions explained in the decree rendered at the last term of court. Inventory of partnership property taken May 26,1851.
480 acres land on White Rock Creek.
1 large wagon.
2 yoke oxen.
1 log chain.
1 crowbar.
2 broken axes.
1 skillet and coffee mill.
1 small lot of shelf ware.
4 quilts and one straw bed.
1 small grindstone.
Sawmill and apparatus.

Inventory taken in presence of William James, and A. J. Nanny. Receipt of same acknowledged by John S. Tucker.

Sale bill of the same: Sale 1st Tuesday in August; 5 August 1851.

480 acres, mill, etc. to John W. Smith. $1200.65
1 wagon to William M. Cochran. 116.10
1 yoke oxen to Alex. Cockrell. 41.00
1 yoke oxen to Wm. M. Chenault. 49.00
1 lot sundry to M. K. Selvidge. 3.46
4 quilts and a straw bed to A. C. Haught. 3.00
1 grind stone to James A. Smith. 1.20
Total $1414.41

$39.00 allowed Hawpe for his services as commissioner.

(p. 275)
John S. Tucker vs. William Latham. Motion to Retax Cost.
Case overruled.

William P. Carder vs J. B. McDermett. Trespass to Try Title.
Filed for a new trial which was overruled. The plaintiff then asks for an appeal to the Supreme Court which was granted.

Ordered by the court that Edward C. Browder, Clerk of the District Court be allowed $25.00 for extra services.

(p. 276) Friday, 25 November 1851
Foster W. Dunnaway vs L. L. Marshall. Trespass to Try Title.
Case continued on affidavit of John Hibbert, ad litem.

John S. Tucker vs William Latham.
Tucker had paid $558.28 more than Latham; so they will pay Tucker $100.00 and divide the rest of the money equally. Tucker takes exception to the settlement and asks for an appeal to Supreme Court which was granted.
(p. 277)
State of Texas vs James J. Godman. Motion vs Wm. Jenkins,
former sheriff.
Case continued until next term of court.

State of Texas vs Wm. Conover. Motion vs Wm. Jenkins,
former sheriff.
Case continued until next term of court.

Ordered that John P. Cole be allowed the sum of $6.00 as bailiff for the May term, 1851.

Ordered that John P. Cole be allowed the sum of $13.50 for nine days services as bailiff for present term.

Ordered that Wesley M. Chenault be allowed the sum of $6.00 for 4 days service as bailiff of the grand jury at the present term.

Ordered that the Court be adjourned. /s/ B. H. Martin, Judge 9th Judicial Court District; E. C. Browder, clerk of the District Court.

Revised: March 21, 2008


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