November 1850

p. 188) Monday November 11th, 1850 
Present were: Hon. O. M. Roberts, Judge, Nat M. Burford, District Attorney, Edward C. Browder, District Clerk, T. C. Hawpe, Sheriff. 
Sheriff of Dallas County came and returned into court the venire facias heretofore issued, etc., on the persons named except: Ashton Slaback, Joseph Munden and John Fike. To serve as Grand Jurors: John Thomas, Edward Hunt, John A. Leonard, Harrison Husted, Albert Moor, Thomas C. Williams, Robert J. West, Edward Mills, John Howell, Richard Wilson, Ellis C. Thomas, Thomas Keenan, Henderson Couch, William H. Keen, Philip Kimmell, James Loving, Solomon Carver. John Thomas selected foreman. Wesley Chenault constable as special bailiff. 

Ordered by the court that Samuel Haught, B. F. Bethurum, James B. McComas, Sam Stewart, Jones Green, Jesse Elam, John Henderson, Henry Tuggle are excused as jurors. 

With only seven jurors remaining sheriff is to summon five others to jury #1: Thomas W. Davis, James Sharrock, John Horton, William Myers, Frederick Moss, George S. C. Leonard, Gabriel B. Knight of the original jurors and Meredith Myers, Alexander Cockrell, Gideon Pemberton, Solomon Dixon, Abraham Hart. [Note: On the original list John W. Davis rather than Thomas W. Davis was listed and in later jury lists John W. Davis appears. It seems likely that this entry was in error and it should have read John W. Davis.]

(p. 189) 
State of Texas vs Preston Witt. Defaulting Juror.
State of Texas to recover $20. from Preston Witt for failing to attend the present term of court as a juror and requiring him to appear at the next term of court and show cause why judgement final should not be made. 

Ordered by the court that the State Docket be set for Wednesday the 13th inst. 

Samuel A. Cook and William S. Cook
vs Benjamin Frost & Jacob Reager. Debt.
Defendant council is given leave to file amended answer. 

J. S. Frost vs Daniel S. Crumpecker. Certiorari.
Leave is given to defendants attorney to file an amended answer. 

(p. 190) Tuesday November 12th, 1850 
Charles R. Hicks vs Jefferson Tilley. Debt.
Charles R. Hicks by J. C. McCoy, his attorney, filed in this court the mandate from the Supreme Court of the State of Texas...“1 February 1850, ...the appealer should recover from the appellant and his securities J. M. Patterson and J. W. Keen the amount adjudged below and all costs. John Hemphill, Chief Justice, Thomas Green, Clerk of the Supreme Court.” Ordered by this court that the order of the supreme court be observed and execution issued for the amount of the original judgement together with interest and all costs against the said Jefferson Tilley, defendant as principal and James M. Patterson and John W. Keen, as securities in favor of Charles R. Hicks, plaintiff. [The amount mentioned above was not copied into this book.] 

Ordered by the court that a fine of $2. be entered against William Myers, Meredith Myers and Abraham Hart for failing to attend as jurors. 

(p. 191) 
Bush & Gouger vs Hewett & Tilley. Debt.
Case continued. 

Mercer Fain vs William Myers. Trespass.
Jury: John W. Davis, James Sharrock, John Horton, Frederick Moss, George S. C. Leonard, Gabriel B. Knight, Alexander Cockrell, Gideon Pemberton, Solomon Dickson, William P. Carder, Benjamin Davis, and B. O. C. Pounds. We, the jury find $60. for the plaintiff for damages. /s/ G. B. Knight, one of the jurors. Plaintiff to recover from defendant William Myers $60. for damages and all costs and charges. 

Sheriff returned the following names as jurors: John W. Davis, James W. Sharrock, John Horton, William P. Carder, Frederick Moss, George S. C. Leonard, Gabriel B. Knight, Benjamin T. Davis, B. O. C. Pounds, Alexander Cockrell, Gideon Pemberton, Solomon Dickson who were regularly empaneled to attend at the present term of this court as petit jurors. 

(p. 192) 
D. Rice vs George L. Leonard. Debt.
Case continued. 

Mercer Fain vs William Myers. Certiorari.
Plaintiff asks to amend his petition, which is refused by the court. Plaintiff filed bill of exception. Cause dismissed at the cost of plaintiff. Defendant to recover all costs and charges. Myers paid jury fee of $3. 

William Lee vs Henry K. Valentine. Debt.
Plaintiff will not longer prosecute his suit. Defendant to recover all costs and charges of his defense. 

Bremond & Van Alstine vs Jefferson Tilley. Debt.
Jury: John W. Davis, James W. Sharrock, John Horton, Frederick Moss, George S. C. Leonard. Gabriel B. Knight, Alexander Cockrell, Gideon Pemberton, Solomon Dickson, William P. Carder, Benjamin T. Davis, B. O. C. Pounds. (p. 193) Verdict: Find for the plaintiff $537.10. /s/ G. B. Knight, foreman. Plaintiff shall recover the sum and all costs and charges. The jury fee of $3. was paid by Cockrell. 

Aaron Overton vs Robert Sloan. Foreclosure of Mortgage.
Ordered by the court that the said Overton recover of said Robert Sloan the sum of $130. principal and the further sum of $15.60 interest and all costs. Further ordered that the following described land situated and lying & being in the county of Dallas, State of Texas, bounded as follows:...... (description given)........ continued then on p.197 (of Minute Book A)... further ordered that the order of sale and execution be stayed until next term. 

(p. 194) 
Ury & Ward vs Jesse H. Kelly. Debt.
Motion of security is granted against the plaintiff. 


Wednesday November 13th, 1850 
State of Texas vs Frederick Ballard. Murder.
Alias capias is awarded against said defendant. 

State of Texas vs Saunders Elliott. A & B.
Alias capias is awarded to the county of Tarrant and the case is continued until next term of this court. 

State of Texas vs James Mackey. Assault with Intent to Kill.
Case continued until next term of this court and alias capias is awarded to the county of Navarro. 

(p. 195) 
State of Texas vs James Mackey
& Henderson Couch. Assault with Intent to Kill.
Case continued until next term of this court and alias capias is awarded against defendant Mackey to county of Navarro. 

State of Texas vs Elisha Bennett. A & B.
Case continued and alias capias is awarded. 

State of Texas vs Peter Schoonover. Burning Prairie.
Attorney for the State says he will no longer prosecute. 


State of Texas vs James W. Lane, John Baugh, Lewdness.
John R. Baugh, and Mitchell Baugh.
States attorney says he will no longer prosecute. 

State of Texas vs John Arnold, Peter Haught, Gaming.
Alexander Young, and Samuel B. Pryor. 
Indictment is quashed. 

(p. 196) 
State of Texas vs Perry Linney,
Joshua Gough & George Linney. Affray.
Perry Linney & George Linney plead not guilty, defendant Joshua Gough filed plea of Autrefois Convict. Jury: John W. Davis, John Horton, B. O. C. Pounds, George S. C. Leonard, G. B. Knight, Meredith Myers, Gideon Pemberton, Abraham Hart, Alexander Cockrell, Solomon Dickson, John B. Robertson and Charles Neeley. Jury heard evidence and was permitted to disburse and attorney for the state entered his nolle prosequi. Dismissed. 

State of Texas vs Jesse H. Kelley. Assault with Intent to Murder.
Case continued. 

State of Texas vs Josiah Pancoast. A & B.
Defendant pleads not guilty. Jury: John W. Davis, James Sharrock, John Horton, B. O. C. Pounds, G. S. C. Leonard, William Myers, G. B. Knight, Meredith Myers, G. Pemberton, A. Hart, Alexander Cockrell, Solomon Dickson. Verdict: Defendant guilty and assess a fine of $8., G. B. Knight, foreman. State of Texas to recover sum of $8. and all costs. Defendant gives notice of motion for a new trial. 

(p. 197) 
Grand Jury returns to court the following true bills: 
John A. Jackson A & B with Intent to Kill. 
Warren Jackson A & B with Intent to Kill. 
William Myers Cutting Timber. 

Lucious L. Marshall filed an affidavit stating that he had been regularly licensed to practice as an attorney and counselor at law in the state of Mississippi and that his license had been lost or mislaid and asks the court for a licenses to practice. Whereupon, the court appointed a committee of five attorneys consisting of Messrs. Sterling C. Cross, John E. Cravens, James W. Latimer, John C. McCoy and Nat M. Burford for the purpose of examining said applicant. Their report was favorable & it was ordered by the court that L. L. Marshall be allowed 
to practice in District Court and all inferior courts. Lucious L. Marshall took the oath as prescribed by the law. 

(p. 198) Thursday November 14th, 1850 
Edward S. Wyman vs William Combs. [blank]
Case continued. 

William Latham vs John S. Tucker. [blank]
Defendant's counsel amended his answer after which plaintiff's attorney dismissed his suit. Ordered by the court that the defendant recover from plaintiff the cost of this suit. 

John S. Tucker vs William Latham. [blank]
Case continued. 

William Latham vs Henson Davis & John Davis. [blank]
Case continued by consent. 

(p. 199) 
Ury & Ward vs Jesse H. Kelly. [blank]
Ordered by the court that Ury & Ward recover of said Jesse H. Kelly, the sum of $144.35 as principal and $13.20 interest and also all costs and charges. Jury fee paid by Burford. 

James M. Riggs vs William Rawlins. [blank]
Jury: John W. Davis, James Sharrock, John Horton, William Myers, B. O. C. Pounds, G. S. C. Leonard, Gabriel B. Knight, Meredith Myers, Gideon Pemberton, Abraham Hart, Alexander Cockrell and Solomon Dickson. Verdict: find for the plaintiff $21.80 principal and interest of $3.65. G. B. Knight, foreman. Riggs to recover the above sums and all costs and charges. Jury fee paid by Burford. 

State of Texas vs William Myers. Cutting Timber.
William Myers and John Robinson, his security, made bond of $100 that Myers appear at next term of court. 

(p. 200) 
State of Texas vs John S. Tucker. Perjury.
John S. Tucker and A. G. Walker, his security, make bond of $100. on condition that Tucker make his appearance personally at the next court. 

State of Texas vs Alexander Cockrell. Selling Free Person
of Color.
Alexander Cockrell and his securities, John Horton, Enoch Horton, John B. Robertson, and Wesley Cockrell make bond of $2000. to insure that Cockrell personally appear at the next term of court to answer charge of selling a free person as a slave. 

(p. 201) 
State of Texas vs Sam B. Pryor et al. Gaming.
Samuel B. Pryor, Robert Sloan and Anson McCrackin, his securities make bond for $100. that he shall appear to answer charge of gaming at the next term of court. 

State of Texas vs Alexander Young et al. Gaming.
Alexander Young as principal, A. Cockrell as security make bond of $100. that Alexander Young will appear at the next term of court to answer charge of gaming. 

(p. 202) 
State of Texas vs George Linney. A & B.
Defendant pleads not guilty. Jury: John W. Davis, James Sharrock, John Horton, William Myers, B. O. C. Pounds, G. S. C. Leonard, G. B. Night, Meredith Myers, Gideon Pemberton, Abraham Hart, Alexander Cockrell, Solomon Dickson. Verdict: Find defendant guilty and assess a fine of $9.90, G. B. Night, foreman. Also, assessed court costs. 

State of Texas vs Nat M. Burford. Gaming.
Defendant pleads guilty and the jury: John W. Davis, James Sharrock, John Horton, Wiliam Myers, B. O. C. Pounds, G. S. C. Leonard, G. B. Night, Meredith Myers, Gideon Pemberton, Abraham Hart, Alexander Cockrell, Solomon Dickson. Assessed the sum of $10. G. B. Night, foreman. Also assessed court costs. 

(p. 203) Friday November 15, 1850 
Magaret H. Lavender vs James Murry. Certiorari.
Certiorari is dismissed. Ordered by the court that James Murry recover of Margaret Lavender all costs in this behalf expended. 

J. L. Frost vs D. S. Crumpecker. Certiorari.
Certiorari is dismissed. Plaintiff's counsel gives notice of appeal to the Supreme Court. Court ordered defendant to recover from plaintiff all costs in this behalf. 

(p. 204) 
James West vs William Rowe. Certiorari.
Certiorari is dismissed. Ordered that William Rowe recover of James West all his costs. [in margin:] Received the papers in this case /s/ Thomas D. Coats, J.P. 
Elizabeth Ledbetter vs Anson McCrackin, Appeal from
Admin. of estate of William Pearson. County Court.
Case dismissed for want of bond. Court ordered Elizabeth Ledbetter to recover cost of suit from Anson McCrackin. 

William P. Carder vs J. B. McDermott. Trespass to Try Title.
By consent, this case is placed at the end of the docket. 

Henson Davis vs Timothy Caldwell. Certiorari.
Plaintiffs attorney dismisses his certiorari. Court orders that Timothy Caldwell recover of Henson Davis all his costs. [in margin:] Papers in this case delivered to Timothy Coldwell, /s/ Timothy Caldwell, HIS MARK. [Note: defendant's name is given both as Caldwell and Coldwell.] 

J. N. Combs, Attorney for Ben Kiefer Certiorari.
vs George Linney and Elizabeth Byram. 
Case dismissed. Plaintiff to recover costs. 

(p. 205) 
Lucio R. Remiars vs Josiah Pancost. Trespass.
The writ is quashed; plaintiff asks for alias process and case is continued. 

Christian Carver vs F. F. Gunn. Certiorari.
Case dismissed. [in margin:] Hold the papers in this case for the Justice of the Peace. /s/ W. T. Stewart, County of Dallas, Justice Precinct No. 6. 

Jefferson Weatherford, Adm. of William Debt.
Weatherford, dec'd, vs Jefferson Tilley,
William James and Samuel G. Newton.
Plaintiff's attorney files a new suit.

Jefferson Weatherford, Adm. of William Debt.
Weatherford, dec'd, vs Jefferson Tilley,
William James and Samuel G. Newton. 
Plaintiff's attorney obtains leave of the court to amend. 

(p. 206) 
Thomas A. Phillip vs David Shahan. Certiorari.
Ordered by the court that defendant David Shahan shall recover from plaintiff the sum of $70. principal, $7. interest and all costs of this suit. Execution order will be issued in four months. 

Saturday November 16, 1850 
Robert Sloan vs William J. Walker, [blank]
S. G. Newton and C. A. Warfield. 
New papers filed to replace the original papers which are to be sent to Hunt County. Case continued. 

(p. 207) 
Jefferson Weatherford, Adm. estate of Debt.
W. Weatherford, dec'd., vs Jefferson
Tilley, William James and Sam G. Newton. 
Case is reinstated and continued until next term. 

William Myers vs A. Cockrell. Trespass & Debt.
Jury: John W. Davis, George S. C. Leonard, Gabriel B. Night, Gideon Pemberton, Abraham Hart, Solomon Dickson, William James, W. P. Carder, John McComas and Nathan Atterbury. Verdict: find for plaintiff $10.50, G. B. Night, foreman. Ordered that plaintiff recover from defendant $10.50 and all costs. Jury fee of $3. paid by Myers. 

(p. 208) 
State of Texas vs Warren Jackson. [blank]
Cause continued until next term of court. And it is further ordered that the defendant be remanded into the custody of the sheriff until he shall give bail in the sum of $500. 

William Myers principal and William Leonard and Abraham Bast, securities, makes bond of $100 that William Myers shall appear at the next term of court to answer charge of affray. 

Alexander Cockrell, principal and Hiram Blackwell and William Leonard, securities, made bond of $100. that Alexander Cockrell will appear at the next term of court to answer charge of affray. 

(p. 209) 
William Myers vs Alexander Cockrell. [blank]
Plaintiff remits $6.50, defendant withdraws motion for remainder of judgement. 

Jefferson Weatherford vs Jefferson Tilley, Debt.
William James and Samuel G. Newton.
Final hearing submitted to court without jury. Court finds for the plaintiff that he shall recover $113.12 together with the sum of $2.27 for his damages for the extension of case. Also, recover all costs and charges of suit. Defendants give notice for appeal. Jury fee paid by John C. McCoy. 
Ordered by the court that Samuel B. Pryor, former clerk of the District Court of Dallas County, Texas be allowed $12.50 for ex officio services.

Ordered by the court that the sum of $2. be assessed against William Myers, Meredith Myers and Abraham Myers for failing to attend as jurors. 

(p. 210) 
Clerk of the court report $29. as amount of jury fund received at this term of court. 

Jefferson Weatherford vs Jefferson Tilley, Debt.
William James and Samuel G. Newton. 
Ordered by the court that the cost of the amendment and proceedings made this term by the plaintiff be taxed to the plaintiff. 

Samuel A. Cook and William S. Cook Debt.
vs Benjamin Frost and Jacob Reager.
Plaintiff suggests the death of William S. Cook and the case is continued. 

William P. Carder vs J. B. McDermott. [blank]
Case continued with leave for both parties to amend. 

Ordered by the court that the clerk be allowed $12.50 for ex officio service. 

(p. 211) 
Ordered by the court that the bailiff, Wesley Chenault, be allowed $6. for attending grand jury. 

Ordered by the court that Alexander Cockrell be fined $5. for contempt of court. 

Ordered that the court be adjourned. /s/ O. M. Roberts, District Judge presiding; Edward C. Browder, Clerk. 


(p. 212) 25th February 1851 
Edward C. Browder, Clerk of the District Court, Alexander Harwood, Clerk of the County Court, Allen Beard, Acting Justice of the Peace, drew from box No. 1 the names of the following persons to serve as jurors during the Spring term 1851: J. M. Rawlins, Thomas Stone, Isaac Edwards, John Henderson, Samuel Sloan, B. O. C. Pounds, Enoch Dye, A. B. Lanier, Thomas J. McDowell, A. M. Keen, John Thomas, Jefferson Weatherford, Benjamin Prigmore, John Horton, Curtis Parks, William Pruitt, Noah Good, William Jenkins, Thomas M. Ellis, H. C. Marsh, Philip Kimmell, John Robinson, Jacob Miller, John L. Pulliam, James E. Jackson, John W. Davis, Michael James, Harrison Husted, William Mooneyham, Benjamin Dye, Jr., Robert F. Merrill, James Spencer, E. L. Myers, James M. Patterson, Samuel Beeman, A. G. Harris. 

 

Revised: March 21, 2008


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