November 1848

(p. 66) 5 August 1848
Samuel B. Pryor, clerk of District Court; John C. McCoy, deputy clerk; William H. Horde, acting Justice of the Peace drew from Box #1 the following named jurors to serve during the November term: John W. Keen, William Myers, William H. Shelton, William Jenkins, John W. Wright, Abraham Hart, John Horton, James Weston, David R. Cameron, Samuel Martin, Joe Badgly, Hiram Welborn, Jonathan L. Sampson, Samuel Keller, James McCullough, A. M. Keen, Madison M. Miller, Thomas Chenoweth, James Loving, Green W. Minter, Joel Walker, John P. Cole, George W. Glover, Edward Wilburn, James Byrd, William P. Carder, Simcoe Popplewell, David L. Hill, James S. Shelley, Thomas C. Williams, Milford F. Fortner, John Case, William Fleming, Thomas A. Mounts, John C. Cook, William Rollins, Jr.—Wm. M. Cochran, clerk of County Court, Dallas County.

(p. 67) November Term, 1848
Present are: Bennet H. Martin, Judge of 9th Judicial District, presiding; Wm. Jenkins, Sheriff; Sam. B. Pryor, Clerk; Andrew J. Fowler, District Attorney.

Sheriff is to amend jury list; jury summons not served on John Case, Samuel Martin, James Weston.

Grand Jury selected: Abraham Hart, Hiram Wilborn, Edward Wilburn, Joel Walker, John P. Cole, David R. Cameron, Milford F. Fortner, James Byrd, David L. Hall, Thomas Chenoweth, Thomas C. Williams, Simco Poplewell, Green W. Minter, William P. Carder, James S. Shelly, George W. Glover, Thomas A. Mounts. David R. Cameron, foreman; John Hibbert, bailiff.

Following are to be excused from further attendance as jurors:
Jonathan L. Sampson, James McCullough, Sam. Keller, Wm. Rollins, Jr., Madison M. Miller, A. M. Keen, Joseph Badgly. Twenty other jurors to be chosen for petit jury.

(p. 68) November 20, 1848
Sheriff summoned the following men: Joseph Prigmore, Harrison Hustead, John West, Wm. T. Stewart, Jefferson Tilly, Andrew J. Manning, Wm. M. Cochran, A. Bledsoe, A. J. Huitt, Albert G. Walker, Wm. J. Hickling, Calvin G. Cole, Wm. Pruitt, Harvey H. Newton, John Howel, Morris Ferris, Wm. W. Conover, James J. Godman, Obediah Knight, Henderson Couch.

Petit Jury #1: Wm. Myers, John Horton, James Loving, Wm. Fleming,
Joseph Prigmire, Harrison Hustead, James West, Wm. T. Stewart, Jefferson Tilly, Andrew J. Manning, William M. Cochran, A. Bledsoe.

Petit Jury #2: A. J. Huit, Albert G. Walker, William J. Hickling, Calvin G. Cole, William Pruitt, Harvey H. Newton, John Howel, Morris Ferris, William W. Conover, James Godman, Obediah Knight, Henderson Couch.
Tuesday November 21, 1848
Hillery Bush & Henry Gouger vs Huitt & Tilly. Debt.
Leave was given defendants to file amended answer, which they did. Cause continued on affidavit at cost of defendant. 

(p. 69)
Sam B. Pryor, Administrator of On Appeal.
Estate of John Johnson vs William P. Carder.
Parties represented by attorneys. Jury: Wm. M. Cochran, Wm. Myers, John Horton, James Loving, William Fleming, John Howell, Harrison Hustead, James West, Wm. T. Stewart, Andrew J. Manning, James J. Godman, A. Bledsoe. Verdict: Find the balance due to Sam. B. Pryor, administrator of estate of John Johnson, dec. — a balance of the principal amounting to $95.80 and interest on same of $16.80, Wm. M. Cochran, foreman. Plaintiff to recover $112.60 and costs of suit.

Ordered by the court—a fine of $5.00 to be imposed on (blank) Knight for contempt of court and said Knight to stand in hands of sheriff until fine is paid.

(p. 70)
State of Texas vs Jesse T. Veal. Failing to Take Out License.
Cause continued to next term.

Sam G. Newton & Wm. J. Walker, Assignees Debt.
of Charles A. Warfield vs Robert Sloan.
Leave is given the defendant to file amended answer.


Wednesday November 22 1848
State of Texas vs Henderson Couch. Gaming.
Defendant and his surety, Calvin G. Cole failed to appear. Default entered against defendant and his surety for $200, the amount of the bond.

(p. 71)
State of Texas vs Henderson Couch. Gaming.
Defendant and surety, Calvin G. Cole failed to appear. Default entered against defendant and his surety for $200, the amount of the bond.

State of Texas vs Henderson Couch. For Permitting Gaming.
Defendant and surety, Calvin G. Cole failed to appear. Default entered against defendant and his surety for $200, the amount of the bond.



State of Texas vs William P. Carder.
William P. Carder and John C. Cook, his surety posted bond of $100 each.

(p. 72)
State of Texas vs Henry C. Long. Gaming.
Defendant pleads not guilty and the cause is continued.

State of Texas vs Henry C. Long. Betting at “21.”
Defendant pleads not guilty and the cause is continued.

State of Texas vs Henry C. Long. Gaming.
Defendant pleads not guilty and the cause is continued.

State of Texas vs Jefferson Tilly. Gaming.
Defendant pleads not guilty and the cause is continued.

State of Texas vs Jefferson Tilly. Gaming.
Defendant pleads not guilty and the cause is continued.

(p. 73)
State of Texas vs Jefferson Tilly. Gaming.
Defendant pleads not guilty and the cause is continued.

State of Texas vs William Trauber. Gaming.
Defendant and surety, Wormley Carter came not. Judgement in default against the defendant for $200, the amount of the bond.

State of Texas vs William Trauber. Gaming.
Defendant and his surety, Alexander Bonner came not. Judgement in default against the defendant for $200 the amount of the bond.

(p. 82) [Abstractors Note: The book is paginated incorrectly, this is the actual next page following the page numbered 73.]

State of Texas vs William Trauber. Permitting “21” to be Dealt.
Defendant and his surety, Wormley Carter did not appear. Judgement against the defendant in amount of $200, the amount of the bond.

State of Texas vs William Trauber. Permitting “21” to be Dealt.
Defendant and his surety, Wormley Carter did not appear. Judgement against the defendant in amount of $200, the amount of the bond.



State of Texas vs William Freeland. Gaming.
Although called three times, the defendant and A. J. Manning, his surety did not appear. Judgement against the defendant for $200, the amount of the bond.

(p. 83)
State of Texas vs William Freeland. Gaming.
Although called three times, the defendant and A. J. Manning, his surety did not appear. Judgement against the defendant for $200, the amount of the bond.

State of Texas vs James Bryant. Gaming.
Process had not been duly served, cause continued until next term.

State of Texas vs James Bryant. Gaming.
Process had not been duly served, cause continued until next term.

(p. 84)
State of Texas vs William Walton. Gaming.
Process had not been duly served, cause continued until next term.

State of Texas vs William Walton. Permitting Gaming.
Process had not been duly served, cause continued until next term.

State of Texas vs William Walton. Gaming.
Defendant and surety, John W. Smith failed to appear. Judgement by default against defendant and surety for $200, the amount of the bond.

State of Texas vs William Walton. Retailing Spirituous Liquor
without a License.
Defendant and surety, John W. Smith failed to appear. Judgement by default entered against both for $200, the amount of the bond.

(p. 85)
State of Texas vs James J. Godman. Gaming.
Defendant and surety, William D. C. Mark failed to appear. Judgement by default entered against defendant and his surety for $200, the amount of the bond.

State of Texas vs Anthony Bledsoe. Gaming.
Defendant and his surety, William W. Conover failed to appear. Judgement by default entered against them for $200, the amount of the bond.


(p. 86)
State of Texas vs William W. Conover. Gaming.
Defendant and his surety, A. J. Mannin failed to appear. Judgement by default entered against them for $200, the amount of the bond.

State of Texas vs Saunders Elliott. A[ssault] & B[attery].
Process had not been duly served; cause is continued until next term.

State of Texas vs William P. Carder. Gaming.
Pleads not guilty to indictment.

State of Texas vs Albertis Crutchfield. Gaming.
Cause continued until next term.

(p. 87)
State of Texas vs Anthony Leak. Disturbing Religious Worship . 
Pleads not guilty. John Thomas, surety on $200 bond. Cause continued until next term.

State of Texas vs Anthony Leak. Cruelty to Slaves.
Pleads not guilty. John Thomas, surety on $500 bond. Cause continued until next term.

(p. 88)
State of Texas vs Frederick Ballard. Murder.
Alias writ awarded to prosecuting attorney. Cause continued to next court

State of Texas vs Jackson Dohorty. Dealing “21.”
Defendant and sureties, L. B. Saunders and John Walker failed to appear. Judgement by default for $200, the amount of the bond.

State of Texas vs McClane Robinson. Gaming.
Defendant and his surety, John Norboe failed to appear. Judgement by default for $200, the amount of the bond.

(p. 89)
State of Texas vs John C. McCoy. Gaming.
Defendant and surety, John N. Bryan failed to appear. Judgement by default for $200, the amount of the bond.

State of Texas vs John N. Bryant. Gaming.
Defendant and surety, John C. McCoy failed to appear. Judgement by default for $200, the amount of the bond.

State of Texas vs Robert Woodruff. Gaming.
Defendant and his surety, Jefferson Tilly failed to appear. Judgement by default for $200, the amount of the bond.

(p. 90)
State of Texas vs Thomas Collins. Gaming.
Defendant and his surety, Wm. H. A. Freeland failed to appear. Judgement by default for $200, the amount of the bond.

State of Texas vs Calvin G. Cole. Gaming.
Defendant and his surety, William J. Hicklin failed to appear. Judgement by default for $200, the amount of the bond.

State of Texas vs Alexander Harwood. Gaming.
Defendant and his sureties, John Shaver and M. R. Eskridge failed to appear. Judgement by default for $200, the amount of the bond.

(p. 91)
State of Texas vs James Cole. A & B [Assault & Battery].
Defendant and his surety, John M. Cole failed to appear. Judgement by default for $200, the amount of the bond.

State of Texas vs Daniel Crumpecker. Gaming.
Defendant and his surety, Joseph Prigmore failed to appear. Judgement by default for $200, the amount of the bond.

State of Texas vs Andrew J. Manning. Gaming.
Defendant and his surety, Wm. H. A. Freeland failed to appear. Judgement by default for $200, the amount of the bond.

(p. 92)
Ann Durall vs David Bradshaw. Appeal.
Appeared with attorneys; on motion of the defendant's attorney, this cause is dismissed. Plaintiff is to pay costs.

Grand Jury returned following bills of indictment endorsed by David R. Cameron, foreman of the jury: 

John Thomas A & B [Assault and Battery]. 
Andrew S. Jackson Assault with Intent to Commit Murder. 
George Linney Gaming. 

Grand Jury not having completed their business were permitted to retire.

Thursday November 23, 1848
State of Texas vs William P. Carder. Gaming.
Defendant pleaded not guilty and cause was continued until next court.

(p. 93)
State of Texas vs John C. McCommas. Affray.
The principal and John N. Bryan, his surety made bond of $100 each. Defendant to appear before district court and answer indictment for Affray.

Samuel G. Newton and William J. Walker, Debt.
Assignees of Charles A. Warfield vs Robert Sloan.
Cause continued until next term.

Samuel G. Newton and William J. Walker, Debt.
Assignees of Charles A. Warfield vs Robert Sloan.
Cause continued until next term.

(p. 94)
Levi Turner vs Morris Ferris. Assumpsit.
Parties by their attorneys; leave granted to amend their pleadings and by agreement of the counsels, the cause is continued.

The Grand Jury, David R. Cameron, foreman, presented the following bills of indictment;

Thomas McDowell Gaming 
Joseph Coombs & Wm. Coombs Trespass on Timber 
John C. McCommas & James Jackson Affray 
William Chinault A & B 
George Linney A & B 
Joseph Pengton Gaming 
William Traughber Gaming 
Samuel B. Pryor Gaming 
Jefferson Campbell Gaming 
Jesse Smith, Joseph Yates, Disturbers 
& Anderson Wheeler. of Religious Service 

State of Texas vs Andrew S. Jackson. Assault with Intent
to Commit Murder.
Defendant appears and pleads not guilty. Jury is selected: John Horton, James Loving, William Fleming, Harvey H. Newton, Harrison Hustead, James West, William T. Steward, Jefferson Tilly, A. J. Manning, John Howell, William W. Conover, William Pruitt. Jury did not agree; disperses until tomorrow morning at 9:00.
(p. 95) November 24th 1848
State of Texas vs Andrew S. Jackson. Assault with Intent
to commit Murder.
Jurors failed to agree; a non trial declared; this cause continued until next term.

State of Texas vs John C. McCommas & James Jackson. Affray.
Attorneys on behalf of the state and defendants moved to quash indictment, which was overruled; defendants pleaded not guilty and the cause was submitted to the jury. Jury: William Myers, John Horton, James Loving, William Fleming, John S. Beeman, James West, William T. Stewart, Harvey H. Newton, Andrew J. Manning, William Honeycut, and David Badgly. Verdict: Find parties guilty as charged and fine them 50 cents each; A. G. Walker, foreman. Defendants to remain in custody of the sheriff until fine is paid. Defendants filed motion for a new trial which motion was overruled; An appeal to the Supreme court was allowed.

(p. 96)
State of Texas vs John W. Smith. Failing to Render a List of Taxable Property of Decedent.
Jury was impanelled: William Myers, John Horton, James Loving, William Fleming, James S. Beeman, James West, William T. Stewart, Harvey H. Newton, Andrew J. Manning, William M. Cochran, William Honeycut, David Badgly. Verdict: Find for the plaintiff and assess fine at sum of $10.00.; Wm. Myers, foreman. Defendant moves for a new trial; first—because court erred in instructing jury that lands specified are subject to taxation at the time of the alleged failure, secondly, because facts as agreed to are not sufficient to warrant a verdict.
Motion overruled and defendant asks for an appeal which is granted.

(p. 97)
William P. Carder vs Hunt & Tilly & Co. Assumpsit.
Cause dismissed at cost of the plaintiff. Defendants to recover costs from plaintiff.

William G. Gavin vs William P. Carder. Assumpsit.
Papers not found, case is continued until next term.

Hannah Underwood vs Norman Underwood. Divorce.
Represented by attorneys, process has been duly served by being published, Rule against the plaintiff for cost. Cause is continued.

Balis Edens vs Albert G. Walker. Trespass.
Cause continued until next term.
(p. 98)
William M. Cochran vs Jefferson Tilly. Appeal.
Continued at cost of the defendant.

Malichi W. Allen vs Jefferson Tilly. Debt.
Parties represented by attorneys—dispense with jury. Plaintiff recovers from defendant $220.80, the amount of principal and interest up to this date and also all costs. Agreed by the parties, he shall have a credit or offset upon the judgement for $60 provided that Jonathan Allen of Collin County, Texas shall say on oath that the said defendant is entitled,legal interest to be allowed from the time it was paid.

(p. 99)
Joel C. Fuller vs Robert Sloan. In Debt.
Parties represented by attorneys. Plaintiff is permitted to amend petition and defendant permitted to amend answer.

John C. McCommas vs Andrew S. Jackson. Trespass.
Defendant failed to answer on or before the 4th day of term; Judgement final by default was granted said plaintiff, whereupon said defendant came and filed. Jury: William Myers, John Horton, James Loving, William Fleming, John S. Beeman, James West, William T. Stewart, Harvey H. Newton, Andrew J. Manning, William M. Cochran, William Hunicut and David Badgly. Verdict: Damage for the plaintiff, $80.00; Wm. Myers, foreman. Plaintiff to recover $80.00 and costs. Defendant filed motion for a new trial and to appeal to the Supreme Court of Texas; new trial overruled but appeal was granted.

(p. 100) Saturday 25th November 1848
Charles R. Hicks vs Samuel West & Jefferson Tilly. On Appeal.
Under advisement of the last term of this court, found for the plaintiff, and the plaintiff is to recover from Tilly—because Samuel West was not duly served—the sum of $43.50, amount of the note, and $7.60 interest, $51.10 and costs and charges both before Justice of the peace and this court. Attorney for defendant moved for a new trial; motion overruled but appeal was granted.

Motion of Roland Huit, former sheriff of Dallas County to be paid $25.00 for extra services for term of six months. 

(p. 101)
Joel C. Fuller vs Robert Sloan. In Debt.
Parties by attorneys, defendant filed amended answer. Jury: Albert G. Walker, William J. Hicklin, Calvin C. Cole, Wm. Pruitt, Harvey H. Newton, John Howell, Wm. W. Conover, James J. Godman, Obediah Knight, Henderson Couch, Wm. P. Carder, Nathan Atterbery. Verdict: Find for the plaintiff; $105.00 principal, $11.90 interest, total $116.90. A. G. Walker, foreman. [Note on side of page] Received May 21, 1849 of Wm. Jenkins, sheriff the full amount of the judgement and interest. /s/ J. C. McCoy, plaintiff's attorney.

Order that John Hibbert is to be paid $6.00 as bailiff.

State of Texas vs James Jackson. Affray.
Attorney for State of Texas asked for strict and immediate compliance by the defendant with the judgement herein rendered on yesterday, or that the sheriff place the said defendant in the Anderson County (TX) jail, which was granted and the sheriff ordered to comply. Defendant to remain until fine and costs are paid.

(left unnumbered page, between p. 101 and p. 102)
Court adjourned. /s/ B. H. Martin, Judge; Sam. B. Pryor, Clerk

(right unnumbered page, between p. 101 and p. 102)
27 February 1849
Samuel B. Pryor, Clerk of the District Court, John W. Smith, Clerk of said county, Hiram Bennett, Acting Justice of the Peace. The following to serve as jurors for the May term of the District Court the year 1849: Thomas Butler, Peter Harrison, Solomon Dixon, Daniel Herring, John Cole, Noah Henderson, Alexander W. Perry, William Coombs, John Hill, John C. Couch, John R. Bell, James Chapman, Jeremia Halford, John S. Beeman, John, Nix, Burrel Hunter, Thomas Chenoweth, William Hughes, John Jackson, David R. Cameron, John Gore, William M. Cochran, Noah Good, William J. Hicklin, Thomas Crutchfield, Cornelius Cox, George W. Gunnells, Thacker V. Griffin, John W. Gorbit, Edward Couch, Levin G. Coombs, James Parrish, Joshua Barker, Thomas Sloan, William T. Dunn, William Rollins. 

 

Revised: March 21, 2008


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