May 1851

(p. 213) Monday May 12th, 1851 
Present: Honorable Bennett H. Martin, Nat M. Burford, District Attorney, Edward C. Browder, District Clerk, T. C. Hawpe, Sheriff. 

Sheriff returned the jury list except Benjamin Dye. Sheriff and clerk proceeded to draw from the jurors in attendance the number of 15 men to serve as jurors: Robert Merrill, William Mooneyham, A. M. Keen, Samuel Beeman, James M. Patterson, Thomas Stone, Harrison Husted, James E. Jackson, John L. Pulliam, John W. Davis, Thomas M. Ellis, Jacob Miller, Noah Good, John Horton, B. O. C. Pound. James M. Patterson, foreman. The jury retired under the care of Wesley Chenault, Constable as special bailiff. 

Ordered a special venire for 17 men to serve as petit jurors. The following were summoned: E. A. B. Lanier, Thomas J. McDowell, John Thomas, Enoch Dye, J. M. Rawlins, William Pruitt, H. C. Marsh of the original venire; and James Chapman, A. Cockrell, Hue Kinney, John Lilley, M. K. Selvedge, Gid Pemberton, and Sloan Jackson were selected to serve as jury #1. Jury #2 selected: Abraham Hart, Robert Ray, John B. Hibbert, Benjamin Frost, Henry Horner, Gabe Night, William H. Morris, Nathan Atterbury, John Heffington and William M. Cochran. 

(p. 214) 
Mercer Fain vs William Myers. Trespass.
Plaintiff allowed to file amended petition. 

John S. Tucker vs William Latham. [blank]
Defendant asks to file amended answer. Both parties given leave to amend. 

Edward S. Wyman vs William Combs. [blank]
Leave given to file amended petition. 

William P. Carder vs J. B. McDermott. [blank]
Leave given to file amended petition. 

Sheriff's return is amended to show that all jurors served 5 days before the commencement of this term and that Thomas M. Ellis served his five days by personal service. 

(p. 215) 
Bush & Gouger vs Hewitt & Tilley. Debt.
Case continued until next term. 

D. Rice vs George Leonard. Debt.
Plaintiff D. Rice shall recover the sum of $101.38 principal and $17.75 interest and all costs and an execution order to be issued in four months. [In margin: George Leonard paid $3.00 jury fee.] 

Samuel A. Cook and William S. Cook vs Debt.
Benjamin Frost and Jacob Rager. 
At this time Warren A. Farris, administrator of William S. Cook, deceased, makes himself part of this suit. 

William Latham vs Henson Davis and John Davis. Trespass.
Case continued. 

Lucio Rimiars vs Josiah Pancost. [blank]
Both parties having absconded, the case is dismissed. 

(p. 216) 
Jefferson Weatherford, administrator of estate of Debt.
William Weatherford, dec'd vs. Jefferson Tilley,
William James and Samuel G. Newton. 
Case submitted to court without jury, ordered that the plaintiff recover from the defendants the sum of $138. principal, $8.15 interest together with all costs. [In margin: Jury fee of $3 paid by McCoy for Weatherford.] 

Peter Epperson vs Samuel T. Bledsoe. Certiorari.
Plaintiff moves for Certiorari against John Porter, Justice of the Peace, to certify to the court before the next term a complete transcript of the record of his court of the proceedings in this case. So ordered. 

(p. 217) 
State of Texas vs Frederick Ballard. Murder.
Case continued. 

State of Texas vs Saunders Elliott. A & B.
Case dismissed. 

State of Texas vs Robert Woodruff. Gaming.
Case dismissed. 

State of Texas vs James Mackey. Assault with Intent, etc.
Case continued. 

State of Texas vs Elisha Bennett. Assault & Battery.
Case dismissed. 

State of Texas vs James Mackey & Henderson Couch. [blank]
Defendant Henderson Couch having appeared; an alias capias is awarded to McLennan County and the case is continued on the part of Mackey until the next term of this court. 

(p. 218) 
The State of Texas vs Jesse H. Kelly. Assault with Intent.
Defendant pleads not guilty. Jury: A. B. Lanier, Thomas McDowell, John Thomas, Enoch Dye, J. W. Rawlins, A. Cockrell, M. K. Selvidge, Slone Jackson, Aaron McDonnel, John S. Tucker, Andrew Nannie, G. W. Gorbit. Verdict: Guilty and assessed a fine of $19.00 plus all costs. 

State of Texas vs John A. Jackson. Assault with Intent.
Case continued. 

State of Texas vs Warren Jackson. Assault with Intent, etc.
Defendant pleads not guilty. Jury: William Pruitt, Abram Hart, Robert Ray, John B. Hibbert, Benjamin Frost, Henry Horner, J. Tucker, William H. Morris, Nathan Atterbury, John Heffington, William M. Cochran, Alexander Cockrell. (p. 210) They find the defendant guilty and fine him $25. William M. Cochran, foreman. Defendant is remanded into the custody of the sheriff until said fine is paid together with all costs. 

State of Texas vs Alexander Cockrell. Selling Free Person.
On motion of the defendant indictment of this case is quashed. 

State of Texas vs Alexander Young, Peter Haught, Gaming.
A. C. Haught, Samuel B. Pryor and John Arnold. 
A. C. Haught and Samuel B. Pryor plead guilty. Jury: A. B. Lanier, Thomas J. McDowell, Enoch Dye, J. M. Rawlins, Andrew Nannie, John Lilley, M. K. Selvage, Gid Pemberton, Sloan Jackson, William Miller, G. B. Knight, A. M. McDonald. Jury verdict: A. C. Haught fined $10.00; S. B. Pryor fined $10.00; William Miller, foreman. Ordered that the Haught & Pryor remain the custody of sheriff until fine is paid plus all costs. As to other defendant, this case be dismissed. (p. 220) 
State of Texas, County of Dallas. Personally appeared in court Adolphe F. G. Gouhenant, a native of France aged 42 years and made oath that in February 1848 he sailed from the port of Havre, France on board a vessell called [blank] and landed at the city of New Orleans, Louisiana in April 1848; that he has remained in the United States ever since; that he is now a resident of the State of Texas and has been for three years immediately preceding this application. He further makes oath that it is his bona fide intention to become a citizen of the United Sates and to renounce forever all obligations, particularly to Louis Phillipe, King of the French and to the government of the Republic of France of whom he was late a subject. Sworn and subscribed before me in open court 13 May 1851, Edward C. Browder, Clerk. 

Grand jury returned to open court the following bills of indictment: 
John Sharp Larceny.
John S. Tucker Perjury.
James Sorock Carrying away Timber.
A. Bledsoe Assault & Battery.
J. M. Patterson, foreman. 




(p. 221) Thursday May 15th, 1851 
State of Texas vs John Sharp. Larceny.
States attorney withdraws bill of indictment. 

Grand jury returned to open court the following bills of indictments: 
John Sharp Larceny.
Asher Carter Destroying Timber.
Henry H. Hall Destroying Timber.
Wormley Carter Cutting down Timber.

(p. 222) 
State of Texas vs James Mackey Assault with Intent to Kill.
& Henderson Couch. 
Defendant Couch pleads not guilty. Jury: A. B. Lanier, Thomas McDowell, John Thomas, Enoch Dye, A. Cockrell, Hue Kinney, John Lilley, Isaac Elam, Gid Pemberton, Sloan Jackson, John McComas, and Andrew Nannie. Verdict: Not guilty, John Thomas, foreman. 

State of Texas vs William Myers. Cutting Timber.
Case is continued. 

State of Texas vs Warren A. Jackson. Assault with Intent.
Warren A. Jackson makes oath that he is wholly penniless and has no property of any description and has no money and he has no means of any description to enable him to pay said fine and costs or any part thereof and he files application for discharge. It is considered by the court that the defendant Warren Jackson be set at liberty and discharged from the custody of the sheriff. 

(p. 223) 
State of Texas vs John S. Tucker. Perjury.
Case quashed. 

State of Texas vs George Linney. A & B.
Defendant pleads not guilty. Jury: A. B. Lanier, Enoch Dye, A. Cockrell, Hue Kinney, John Lilley, M. K. Selvedge, Gid Pemberton, Sloan Jackson, Andrew Nannie, William Miller, W. A. Ferris and John McComas. Verdict: Guilty and assess a fine of $17., William Miller, foreman. Defendant be remanded to the custody of the sheriff until the fine is paid together with all costs. 

State of Texas vs George Linney. A & B.
George Linney tenders the following schedule of all his property: 1 judgement against the estate of H. Byrum, dec'd on Bennett's docket (supposed to be insolvent), amount to $66.13; 1 sow and 4 pigs at $5. for total of $71.13. He says that is all of his property except his wearing apparel and he would like to be discharged from custody. 

(p. 224) 
State of Texas vs William M. Cochran. Assault & Battery.
Defendant pleads guilty. Jury: William Pruitt, Abram Hart, Robert Ray, John B. Hibbert, Benjamin Frost, Henry Horner, G. B. Night, W. H. Morris, Nathan Atterbury, John Heffington, William P. Carder. Verdict: Fine the defendant five cents, J. B. Hibbert, foreman. William M. Cochran to be remanded in the custody of the sheriff until fine be paid together with all costs. [NOTE: Only 11 jurors are recorded.]

State of Texas vs Alexander Cockrell. Affray.
Defendant is discharged. 

(p. 225) 
State of Texas vs William Myers. Affray.
Defendant is discharged. 

State of Texas vs John Sharp. Larceny.
Defendant pleads not guilty. Jury: William Pruitt, John McComas, Abram Hart, Robert Ray, John B. Hibbert, Benjamin Frost, Henry Horner, Henderson Couch, William H. Morris, Nathan Atterbury, John Heffington, William Cochran. Verdict: Guilty and the property stolen worth over $20. and agreed to sentence him to the penitentiary for one year. William M. Cochran, foreman. Ordered that said defendant be confined in the state penitentiary to hard labor for one year. 

(p. 226) 
State of Texas vs A. Bledsoe. A & B.
Case continued. 

State of Texas vs James Sherrock. Carrying away Timber.
Case continued. 

Ordered by the court that Wesley Chenault be allowed the sum of $1.50 per day for attending grand jury as bailiff. 


Friday May 16th, 1851 

James Beeman vs Catherine Beeman. Divorce.
Case continued. 

(p. 227) 
John M. Crockett vs Henderson Couch, Debt.
C. G. Cole & A. G. Walker. 
Defendants failed to appear. It is ordered by the court that the plaintiff John M. Crockett to recover the sum of $110. principal and the further sum of $13.20 interest together with all his costs and an execution be issued. 

William Bruton vs William Myers, J. N. Combs, Debt.
Smith Elkins & C. G. Cole. 
Defendants failed to appear. It is ordered by the court that the plaintiff William Bruton shall recover the sum of $300. principal and $46.00 interest together with all his costs and an execution be issued. $3. jury fee paid by Crockett. 

Lucio Rimerars vs Josiah Pancost. Habeas Corpus.
Neither defendant or plaintiff came. Case dismissed. 

(p. 228) 
State of Texas vs John S. Tucker. Perjury.
Pleads not guilty. Jury: A. B. Lanier, M. K. Selvage, Gid Pemberton, Sloan Jackson, Enoch Dye, A. T. Nannie, Hue Kinney, B. J. Hunter, J. M. Rawlins, Alexander Cockrell, John Robertson and William Bruton. Jury discharged until tomorrow morning. 

State of Texas vs A. Bledsoe. A & B.
Case continued until next term of court. 

State of Texas vs James Sharrock. Carrying away Timber.
Case continued until next term of court. 


(p. 229) Saturday May 17th, 1851 
Mercer Fain vs William Myers. Trespass.
Case continued. 

Samuel A. Cook & William S. Cook vs Debt.
Benjamin Frost & Jacob Rager. 
Defendants confessed judgement. Considered by the court that the plaintiffs recover of the defendants the sum of $306.64 principal and $66.43 interest together with court costs. After a stay of one month the execution will be issued. 

William P. Carder vs J. B. McDermott. [blank]
Defendant asks leave to give additional amended answer which is granted. 

Jefferson Weatherford vs Nat M. Burford, James Garnishees.
Chapman, Alexander Cockrell, Francis Daniel. 
Case submitted to the court and it is ordered that the plaintiff recover of Nat M. Burford $43.00, and interest of $4.73, also of James Chapman the sum of $20.00 principal, Francis Daniel and Alexander Cockrell acquit themselves of all liability. Ordered that these garnishees go hence and have their costs in this behalf expended and that execution be issued. 

(p. 230) 
Walling A. Rogers, Admin. vs A. G. Walker. Debt.
Defendant confesses judgement. Plaintiff to recover $225.00 principal and interest to the amount of $16.27 together with all costs. After a stay of six months, an execution will be issued. 

State of Texas vs John S. Tucker. [blank]
Jury met to try this case the same as yesterday. Verdict: Find the defendant guilty of perjury and sentence him to the penitentiary for five years, Enoch Dye, foreman. 

(p. 231) Monday May 19th, 1851 
Elisha S. Wyman vs William Combs. Debt.
Considered by the court that the plaintiff should recover the sum of $242. and $33.47 interest, together with cost of this suit and execution to be issued. 

State of Texas vs Preston Witt. Defaulting Juror.
Defendant having filed his answer, it appears to the court that the absence of Preston Witt was justifiable and the case dismissed. 

State of Texas vs John S. Tucker. [blank] 
Defendant moves that the court grant him a new trial. The motion is sustained and the defendant released from the custody of the sheriff. 

(p. 232) 
State of Texas vs John S. Tucker. Perjury.
Defendant puts up bond of $2500.00, on condition of his personal appearance at the next term to answer a charge of perjury. Jesse H. Kelley, Wesley Chenault, Allen Beard, John McComas, William Chenault, John Lilley, William P. Carder, M. K. Selvedge, Nathan Atterbury, William Ray, George Markham, John Daniel and Elisha McComas, securities. 

(p. 233) 
John S. Tucker vs William Latham. Partition.
Leave given to plaintiff to amend petition. 

John J. Eakins vs Whorton Woods. Certiorari.
Case submitted to court without intervention of jury. Considered by the court that the plaintiff John J. Eakins recover of the defendant Whorton Woods all his costs and that judgement before the justice of the peace be perpetual. 

Walling A. Rogers vs James Armstrong Debt.
& Francis Winn. 
Ordered by the court that the plaintiff have judgement against the defendants in the sum of $110.00 principal, $8.43 interest plus costs. 

(p. 234) 
Smith Elkins vs America Elkins. Divorce.
Case continued. 

Benjamin Mathews vs A. G. Walker Injunction and Mandamus.
& D. R. S. C. Galloway.
Plaintiff to give bond the sum of $500. 
George Markham vs William Bruton. [blank]
Defendants move that the plaintiff give security for cost. Case continued. 

Warren A. Ferris vs Albert G. Collins. Debt.
Defendant confesses judgement and the plaintiff to recover the sum of $198.00 and $41.00 interest with cost of court case. After six months execution will be issued. 

(p. 235) 
William O. Gwin/O'Gwin vs Mary Hargroder. Certiorari.
Justice to send up a more complete transcript. 

Wednesday May 21st, 1851 
John S. Tucker vs William Latham. Partition.
Case submitted to jury: William B. Miller, A. W. Webb, A. T. Nannie, G. L. Leonard, John B. Hibbert, Edward Hunt, John W. Smith, Hugh Kinney, James Beeman, John Beeman, John Brandenburg, William Horton. Jury to disperse until tomorrow at 8 o'clock. 

(p. 236) Thursday May 22, 1851 
John S. Tucker vs William Latham. Partition.
Parties appeared, also the jury, the examination of witnesses continued, night coming on, the jury was discharged until tomorrow morning at 8 o'clock. 

William P. Carder vs J. B. McDermott. [blank]
Court ordered a survey of Carder and McDermott claims and a surveyor, A. G. Walker, is appointed to show position of surveys with the beginning corner of the Grigsby survey and case continued until next term of this court. 

State of Texas vs John Sharp. Larceny.
Defendant brought into open court giving no reason why sentence should not be passed. Therefore, it is ordered that John Sharp be taken by the sheriff of Dallas County with in five days from the adjournment of this court who will safely conduct him to the keeper of the State Penitentiary at the town of Huntsville. 


(p. 237) Friday May 23rd, 1851 
John S. Tucker vs William Latham. Partition.
With night coming on, the jury was permitted to disperse. [Continued in next entry].

(p. 238) Saturday May 24th, 1851 
John S. Tucker vs William Latham.
[Continued from previous day, see above]. Jury proceeded to consider their verdict. They returned a special verdict: The jury finds that the plaintiff and defendants were partners, that the partnership has been dissolved by the act of Tucker. Before it was dissolved, Tucker had spent $268.54 1/2 cents and Latham had spent the sum of $66.00. Latham is entitled to $25.00 for rent of a house by him built, that the wagon and oxen mentioned in the pleading are partnership property and that Latham is entitled to $123.76 for half of the wagon and oxen. That Latham was to superintend the construction of a mill, that the value of the mill, built by Tucker since the dissolution, is $800. Tucker has spent building the mill the sum of $614.00, that Tucker had disposed of timber worth $59.50, that in finding the value of the mill they have not taken into consideration the foundation or dam built before the dissolution, that the labor of Tucker and Latham was a standoff, that timber prepared by Latham and used by Tucker in building of the present mill has a value of $100. That the mill now on the premises was built contrary to the consent of Latham. That the foundation, dam and plan of Latham for building the mill was changed and abandoned by Tucker without Latham's consent, that the land mentioned in the proceeding is joint property./s/ John W. Smith, foreman. The court ordered John S. Tucker, the plaintiff keep and retain his possession and premises in dispute including oxen, wagon until the 15th day of August next and that he use timber off the tract of land belonging thereto (p. 239). It is further adjudged that the expiration of said time the said mill and premises, oxen, wagon, etc., be delivered in good order and condition into the possession of T. C. Hawpe, and the said Hawpe on the first Tuesday in August dispose of that and all other property belonging to the partnership to public sale at the court house door. 

William O. Gwin/O'Gwin vs Mary Hargroder. Certiorari.
Submitted to the court and ordered that Mary Hargroder recover the sum of $17.50 principal and $2.40 interest and all costs. 

Jefferson Tilley vs T. C. Hawpe. [blank]
Plaintiff attorney moves the court to dismiss injunction which is sustained by the court, it is therefore ordered that the defendant recover from Jefferson Tilley the principal and Calvin G. Cole, his security, all his costs, and the injunction be dissolved. 

(p. 240) 
Robert Sloan vs William J. Walker,
Samuel G. Newton and Charles A. Warfield. Injunction.
Ordered that the injunction be dissolved and the defendants recover from Robert Sloan and his securities on the injunction bond, William B. Miller and W. H. Hord the sum of $583.70, the amount of the judgement and the further $60.55 interest and all costs. It is further ordered that execution may issue after four months should Warfield file with the clerk of the District Court his muniments of title, land certificate or script and a certificate from the general land office that the same land has not been applied for and patented to some other person. Warfield to file a complete chain of title. 

(p. 241) 
Ordered by court Edward C. Browder, is allowed $25.00 for ex officio service as clerk of the district court. 

Ordered that W. M. Chenault is allowed $6.00 as bailiff to petit jury. 

Ordered that the court adjourn until the next term.
/s/ B. H. Martin, District Judge presiding; Edward C. Browder, Clerk. 

(p. 243) 20 August 1851
Present: Edward C. Browder, Clerk of the District Court, Alexander Harwood, County Clerk for Dallas County, Allen Beard, acting Justice of the Peace drew from box #1 the following names to serve as jurors:
James B. McCommas Isaac Lowe
William Rowe John Kizer
O. W. Knight John M. Harding
Fredk Roane R. J. West
Edward Hunt J. W. Wright
Samuel Keller Wm. J. Snow
J. W. Overton N. T. Stratton
Wm. M. Newton Thomas N. Johnson
O. V. Ledbetter A. W. Perry
F. W. Dunaway A. A. Thomas
D. R. Cameron Joshua Barker
John Lewis Edward Mills
A. G. Walker B. L. Frost
C. D. Merrill Wm. Babbit
James Lewis Zach. Burris
S. E. Cox John Casey
John H. Daniel T. C. Williams
William N. Crow

Revised: March 21, 2008


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