Dallas County, 14th District Court Minutes, 1846 – 1855
(p. 50) Monday, 22nd May 1848
Present the Honorable Bennett H. Martin, Judge; Andrew Jackson Fowler, District Attorney; Rowland Huitt, Sheriff; Samuel B. Pryor, District Clerk. Sheriff returned to court the venire and on motion of A. J. Fowler, District Attorney, said venire was set aside. [This is about the list of jurors above]
Tuesday, May 23rd, 1848
Jurors called: William Coombs, William P. Carder, George W. Cox, William J. Walker, James B. Bryan, John Beeman, William Hunicut, James J. Beeman, George W. Glover, John Leonard, William Myers, George S. C. Leonard, John Robertson, John McDowell, James Reed, Valentine Wampler, Thomas Vernoy, Thomas McDowell, John C. McCommas, Robert Ray, Nathan Atterbery, Joseph Prigmore, Harvey H. Newton, Harrison Hustead, Albert G. Collins, Jacob Rogers, Robert McCullough, Gabriel B. Knight, Henderson Couch, Milford F. Fortner, John Howell, Francis A. Winn, James Cates, Thomas Keenan, James J. Mooneyham, Robert J. West.
(p. 51)
Jurors summoned but not appearing: James B. Bryan, John McDowell, James Reed, Valentine Wampler, Thomas Vernoy, Thomas McDowell. Jurors selected: William Coombs, John Howell, Francis A. Winn, Milford F. Fortner, Henderson Couch, Albert G. Collins, John C. McCommas, William Hunicut, John Beeman, Robert J. West, James J. Beeman, Gabriel B. Knight, George W. Glover, Jacob Rogers, John Robertson. William Coombs, foreman of Jury; Thomas Manning appointed bailiff to Grand Jury. Jurors selected for Petit Jury: John Leonard, Foreman, Harvey H. Newton, William P. Carder, Robert McCullough, James Cotes, James J. Mooneyham, Thomas Keenan, Harrison Hustead, Robert Ray, George W. Cox, Nathan Atterbery, George S. C. Leonard.
(P. 52)
William M. Simpson vs Ellis C. Thomas. Trespass to Try Title.
Parties by their attorneys. Cause dismissed. Defendant to recover all his costs and charges from the plaintiff.
William M. Simpson vs Alexander Thomas. Trespass to Try Title.
Parties by their attorneys. Cause dismissed. Defendant to recover all his costs and charges from the plaintiff.
William M. Simpson vs William Cox. Trespass to Try Title.
Parties by their attorneys. Cause dismissed. Defendant to recover all his costs and charges from the plaintiff.
(p. 53)
Bush & Gouger vs Huitt & Tilley. In Debt.
Death of defendant John Huitt was suggested upon the record. Cause continued until next term.
John Johnston vs William P. Carder. Appeal.
The death of the plaintiff being suggested upon the record, this suit is ordered to be revived in the name of Samuel B. Pryor, Administrator of the former plaintiff, John Johnston.
State of Texas vs John W. Smith. Failing to Render List of Taxable Property Decedent’s Estate.
Defendant to show cause why judgement final should not be rendered against him on the next calling of this cause, together with costs of suit.
State of Texas vs Jesse T. Veal. Failing to Take Out License.
Process has not been served upon defendant; the cause to be continued.
(p. 54)
State of Texas vs David W. Cole. Failing to Take Out License.
Appearing that process has been duly served and defendant failing to appear, ordered that defendant show cause why judgement final should not be rendered against him.
State of Texas vs John Cole. Failing to Render a List of His Taxable Property.
Process has been duly served and defendant failing to appear, ordered that defendant to show cause why judgement final should not be rendered against him.
John N. Bryan vs Harvey H. Newton. Appeal.
The plaintiff by his attorney, defendant failing to appear, the defendant to show cause why judgement final should not be rendered together with damages and costs of suit.
Sanders Elliott vs James M. Cole. Injunction.
This cause is ordered to be dismissed by the plaintiff and plaintiff to pay costs.
(p. 55)
Robert Wilburn, et al vs John Young & Wife. Petition for Distribution.
The parties filed the following agreement: We, the undersigned heirs (in Texas) of the estate of Edward Wilburn, Sr., dec’d have agreed to abide by the division already made of the property of said decedent amongst us. We agree to dismiss suit now pending in District Court, Dallas County, wherein Wilburns are plaintiffs and John Young and wife are defendants for a negro woman and child. They agree to divide costs of said suit and costs of administration of the estate. /s/ Robert Wilburn (X his mark); Edward Wilburn; Hiram Wilburn (X his mark); Susana Cameron by David R. Cameron (X his mark); Jane Young by John Young (X his mark). Court considers case dismissed.
Samuel G. Newton & William J. Walker, Assignees In Debt. of Charles A. Warfield vs Robert Sloan.
Plaintiffs by attorney process duly served, defendant failing to appear, defendant to show cause why judgement should not be rendered at the next calling of this cause.
(p. 56) Wednesday May 24th, 1848
It is ordered to be recorded that John Huitt, Sheriff of Dallas County, departed this life 7th January 1848.
James Cates one of the Petit Jurors #1 for May term was discharged and that Joseph Prigmore put in his stead.
State of Texas vs William P. Carder. Indictment for Maliciously Shooting a Sow.
State attorney enters a plea of nolle prosequi.
State of Texas vs Anthony Leak. Disturbing Religious Worship.
Prosecuting attorney appeared; process has not been duly served, this cause will be continued until next term of court.
(p. 57)
State of Texas vs Anthony Leak. Cruelty to Slaves.
The process has not been duly served, this cause is continued until next term of court.
State of Texas vs George W. Cox. Contempt.
Case dismissed.
State of Texas vs William Coombes. For Contempt.
The case dismissed at the costs of the defendant.
(p. 58) Thursday May 25th, 1848
John Johnston vs William P. Carder. Appeal.
The case continued.
State of Texas vs John Cole. Failing to Render a List of Taxable Property.
The parties by their attorneys the case is ordered dismissed and defendant paying costs of suit and the payment of $3.30 arrears of tax.
John N. Bryan vs Harvey H. Newton. Appeal.
Continued until next term of court.
(p. 59)
Samuel G. Newton & William J. Walker, Assignees In Debt.
of Charles A. Warfield vs Robert Sloan.
Case continued until next term of this court.
Charles R. Hicks vs Jefferson Tilley. Appeal.
Parties appeared with their attorneys and submitted to court without intervention of a jury, after hearing the evidence, and the arguments of counsel, the case continued until next term.
Archibald McKeller vs John Neely Bryan. Appeal (motion to reinstate case.)
Plaintiff filed motion to reinstate case dismissed at last term and the cause was reinstated.
Archibald McKeller vs John Neely Bryan. Motion to Reinstate Appeal.
Cause dismissed and defendant to recover his costs.
(p. 60)
S. G. Newton presented his petition for a license to practice as an attorney. The following gentlemen were appointed a committee of examination: Gustavus Adolphus Everts, Genl. E. H. Tarrant and Charles M. Winkler who after examination reported favorably.
The Grand Jury presents the following bills of indictments as true bills, to wit: A true bill against:
Frederick Ballard Murder
Henry C. Long Gaming
Henry C. Long Betting at “21”
Henry C. Long Gaming
Henderson Couch Gaming
Henderson Couch Permitting Gaming
Jefferson Tilley Gaming
Jefferson Tilley Gaming
Jefferson Tilley Gaming
William Trauber Gaming
William Trauber Gaming
William Trauber Betting at “21”
William Trauber Permitting “21” to be dealt
William Freeland Gaming
William Freeland Gaming
James Bryant Gaming
James Bryant Gaming
William Walton Gaming
William Walton Permitting Gaming
William Walton Gaming
William Walton Retailing spirits without a license
James J. Godman Gaming
Anthony Bledsoe Gaming
William W. Conover Gaming
Sanders Elliott A[ssault] & B[attery]
William P. Carder Gaming
Albrutis Crutchfield Gaming
Jackson Dougherty Dealing “21”
McClain Robinson Gaming
J. C. McCoy Gaming
John Neely Bryant Gaming
Robert Woodruff Gaming
(p. 61)
Thomas Collins Gaming
Calvin Cole Gaming
Alexander Harwood Gaming
James M. Cole A[ssault] & B[attery]
Daniel Crumpecker Gaming
Andrew J. Manning Gaming
State of Texas vs William Walton Retailing Spirituous Liquors without a License.
John W. Smith—security for $200 bond.
State of Texas vs William Walton Gaming.
John W. Smith—security for $100 bond.
(p. 62)
Dr. Samuel B. Pryor and Samuel G. Newton, both as principals make bond for $200 each.
Thomas E. Manning, bailiff, allowed $4.50 for his services for 3 days.
(p. 63) Friday May 26, 1848
Samuel Gallison Newton, et al Petition vs John Thomas (Chief Justice). for Mandamus.
After hearing argument of counsel, it is considered that the law is for the defendant—mandamus refused and petition dismissed. Defendant is to recover all costs from the plaintiffs. Plaintiff gave notice of an appeal to the next term of the Supreme Court of Texas which was granted.
William M. Simpson vs Ellis C. Thomas Trespass to Try Title.
Plaintiff, by his attorney, filed his bill of exception.
William M. Simpson vs Alexander Thomas Trespass to Try Title.
Plaintiff, by his attorney, filed his bill of exception.
William M. Simpson vs William Cox Trespass to Try Title.
Plaintiff, by his attorney, filed his bill of exception.
(p. 64) Saturday May 27th 1848
State of Texas vs David W. Cole Failing to Take Out License.
Cause dismissed by agreement. Defendant to pay costs.
State of Texas vs John N. Smith Failing to Render a List of Decedents Property.
Cause continued until next term.
Ordered that Samuel B. Pryor be issued $12.50 for the six months past for office rent.
John C. McCoy, principal and John N. Bryan, security for $200 bond to answer indictment for gaming.
(p. 65)
John Neely Bryan, principal and John C. McCoy, security for $200 bond to answer indictment.
Court adjourned. /s/ B. H. Martin, District Judge Samuel B. Pryor, DCDC Clerk
