Dallas County, 14th District Court Minutes, 1846 – 1855
(p. 279) Monday, May 10th, 1852
Present are Bennett H. Martin, Judge; Nat M. Burford, District Attorney; Edward C. Browder, Clerk; T. C. Hawpe, Sheriff.
Sheriff returns the jury list with the exception of William James Snow and James Murray. The following 15 men drawn for the Grand Jury: William Jenkins, William B. Elam, Solomon Derrett, Daniel Helvy, D. R. S. C. Galloway, C. Renfro, William Myers, Peter Norboe, Enoch Horton, W. F. Ming, W. F. Newton, Benjamin Guile, Enoch Dye, James E. Jackson, William Shannon. William Jenkins, Foreman; Wesley Chenault, Constable, as special Bailiff.
Court ordered that a special venire be issued for 17 men to serve as jurors. Ordered that the criminal docket be taken up on Wednesday.
Ordered that C. C. Overton and Richard Alston be excused from the jury. Ordered that M. K. Selvidge be fined the sum of $5. for contempt of court and that he be in the custody of the sheriff until the fine and cost are paid.
(p. 280)
William E. Russell, Esquire appeared in open court and requested a license to practice law in the district and county courts in the state of Texas. The license was issued and oath taken by said William E. Russell.
(p. 281)
Sarah Ann Bush, Admr. of Hillery B. Bush Debt.
and Henry Gouger vs Huitt & Tilly.
Parties came by their attorneys, the case is dismissed as to Huitt and then submitted to a jury. Jury: William M. Cochran, Foreman and eleven others. Verdict: In favor of the plaintiff for $211.75, plus cost.
Mercer Fain vs William Myers. [blank]
Parties appeared by their attorneys and the case dismissed for want of surety. Therefore ordered that the defendant recover from Mercer Fain the full amount of his costs together with the sum 15 cents for each 100 words of the final record of this case and that execution issued for the sum.
(p. 282)
W. A. Ferris vs J. H. Snow, et al, heir at law, etc. [blank]
Plaintiff to file his amended petition and the case is continued.
William Latham vs Henson Davis and John Davis. Trespass.
The death of the plaintiff being suggested this case is continued with an order for scire facias for unknown representatives of the deceased.
Peter Apperson vs Samuel T. Bledsoe. Certiorari.
Case continued upon the affidavit of the defendant.
George Markham vs William Bruton. Trespass.
Case continued until next term.
(p. 283) Tuesday May 11th, 1852
George Markham vs William Bruton. Trespass.
Case continued until next term.
John Grayum (Graham) vs A. G. Walker Certiorari.
The parties in person and by their attorneys’, the case continued on the affidavit of A. G. Walker.
Ira Ellis vs John Davis. Trespass to Try Title.
Defendant appears, the plaintiff does not appear in person nor by attorney although called three times; ordered by court that case be dismissed for want of prosecution. Defendant to recover his cost together with 15 cents for each 100 words of the final record.
Isaac Anderson vs C. G. Cole. Trespass.
Parties appear in person and by their attorneys and case was submitted to a jury consisting of William B. Miller, foreman and 11 others. Jury finds for the plaintiff and assesses the damage at $8.00. Plaintiff to recover from C. G. Cole the sum of $8.00 and all costs together with 15 cents for each 100 words of the final record.
(p. 284)
State of Texas vs William Jenkins. Motion.
Case dismissed by the plaintiff.
State of Texas vs William Jenkins. Motion.
Case dismissed by the plaintiff.
John B. Hibbert vs Elizabeth Hibbert. Divorce.
Case continued.
L. W. L. Hodges vs John W. Overton. Specific Performance.
Plaintiff dismisses the suit. Defendant to recover all cost plus the sum of 15 cents for each 100 words of the final record.
John M. Crockett vs Francis A. Winn. Debt.
Plaintiff dismisses the suit. Defendant to recover his cost together with the sum of 15 cent for each 100 words of the final record.
(p. 285)
F. W. Dunniway vs Lucius L. Marshall. Trespass to Try Title.
Jury: William Miller and eleven others. Verdict: Find for the plaintiff and it is ordered that the plaintiff recover the following described tract of land for 480 acres granted to Crawford Grigsby and conveyed to Samuel G. Newton (land description given includes the following names: Jefferson Tilly, Samuel G. Newton, John Henry, and Edward Cunningham). Plaintiff to recover all cost. Sheriff to put plaintiff in custody of said property.
(p. 286)
Isaac Anderson vs C. G. Cole. [blank]
Now at this time comes the sheriff and clerk and move the court for a rule for security for cost herein which motion is sustained by the court.
William Simpson vs William Jenkins. [blank]
Now at this time comes the sheriff and clerk and move the court for a rule for security for cost herein which motion is sustained by the court.
Isaac Wade vs John M. Harding. [blank]
Now at this time comes the sheriff and clerk and move the court for a rule for security for cost herein which motion is sustained by the court.
A. M. Keen vs William Dye. [blank]
Now at this time comes the sheriff and clerk and move the court for a rule for security for cost herein which motion is sustained by the court.
John B. Hibbert vs Elizabeth Hibbert. [blank]
Now at this time comes the sheriff and clerk and move the court for a rule for security for cost herein which motion is sustained by the court.
(p. 287)
A. G. Walker vs Dallas County. [blank]
Now at this time comes the sheriff and clerk and move the court for a rule for security for cost herein which motion is sustained by the court.
John M. Harding vs Isaac Wade. [blank]
Now at this time comes the sheriff and clerk and move the court for a rule for security for cost herein which motion is sustained by the court.
O. W. Knight vs J. N. Bryan. [blank]
Now at this time comes the sheriff and clerk and move the court for a rule for security for cost herein which motion is sustained by the court.
William Myers vs William Merrifield. [blank]
Now at this time comes the sheriff and clerk and move the court for a rule for security for cost herein which motion is sustained by the court.
L. W. L. Hodges vs C. G. Cole. [blank]
Now at this time comes the sheriff and clerk and move the court for a rule for security for cost herein which motion is sustained by the court.
C. G. Cole vs J. W. Elliott. [blank]
Now at this time comes the sheriff and clerk and move the court for a rule for security for cost herein which motion is sustained by the court.
Wesley Morgan vs A. G. Walker. [blank]
Now at this time comes the sheriff and clerk and move the court for a rule for security for cost herein which motion is sustained by the court.
William Irvin vs John C. Cook. [blank]
Now at this time comes the sheriff and clerk and move the court for a rule for security for cost herein which motion is sustained by the court.
John M. Crockett vs C. G. Cole. [blank]
Now at this time comes the sheriff and clerk and move the court for a rule for security for cost herein which motion is sustained by the court.
(p. 288)
Benjamin Mathews vs Walker & Galloway. [blank]
Now at this time comes the sheriff and clerk and move the court for a rule for security for cost herein which motion is sustained by the court.
J. S. Blue vs A. McDaniel & John Robbinson. [blank]
Now at this time comes the sheriff and clerk and move the court for a rule for security for cost herein which motion is sustained by the court.
Wednesday May 12th 1852
Benjamin Mathews vs Walker & Galloway. [blank]
Now at this time comes the sheriff and clerk and move the court for a rule for security for cost herein which motion is sustained by the court.
William M. Simpson vs William Jenkins. [blank]
Now at this time comes the sheriff and clerk and move the court for a rule for security for cost herein which motion is sustained by the court.
William Myers vs Milton Merrifield. [blank]
Now at this time comes the sheriff and clerk and move the court for a rule for security for cost herein which motion is sustained by the court.
C. G. Cole vs J. W. Elliott. [blank]
Plaintiff asks leave to amend his petition and defendant asks leave to amend his answer.
State of Texas vs Frederick Ballard. [blank]
Case continued with order for alias to issue when ordered.
(p. 289)
State of Texas vs James Macky. [blank]
Case continued until next term. Death of defendant suggested.
State of Texas vs James Macky. [blank]
Case continued with alias to issue when ordered.
State of Texas vs John A. Jackson. [blank]
Case continued with alias capias to issue.
State of Texas vs John S. Tucker. [blank]
Case continued.
State of Texas vs A. Bledsoe. [blank]
Defendant pleads not guilty. Jury: Wiliam Cochran and 11 others. Verdict: Find the defendant not guilty. Defendant to recover from the state all his cost.
(p. 290)
State of Texas vs Wormly Carter. [blank]
Defendant pleads not guilty. Jury: William Cochran and 11 others. Verdict: Defendant found guilty for cutting down timber not his own and fined $10.00 and all the cost plus the 15 cents per 100 words in the final record and said defendant to be in custody of sheriff until costs are paid.
State of Texas vs Asher Carter. [blank]
William B. Miller, Foreman and 11 others. Verdict: Defendant found guilty and assess his fine at $10.00 plus cost and plus 15 cents for each 100 words in the final record; and said defendant be in custody of sheriff until costs paid.
(p. 291)
State of Texas vs Henry Hall. [blank]
Case dismissed.
State of Texas vs William Coombs. [blank]
Case continued.
State of Texas vs John Wesley Smith. [blank]
Case continued.
State of Texas vs John Wesley Smith. [blank]
Case continued.
State of Texas vs W. P. Holeman. [blank]
Case continued.
State of Texas vs L. L. Marshall. [blank]
Case continued.
State of Texas vs C. G. Cole. [blank]
Defendant pleads not guilty. Jury: William B. Miller and 11 others. Verdict: Defendant guilty and assess the fine at $25.00 plus cost and 15 cents for each 100 words in the final record. Defendant to remain in custody of sheriff until fine and cost paid.
State of Texas vs Hiram Blackwell & Joseph Parker. [blank]
Joseph Parker pleads guilty, the case continued as to Blackwell. Jury: William M. Cochran with 11 other and assess fine at $10.00 and all cost plus the 15 cents for each hundred words in the final record. Defendant is to remain in custody of sheriff until fine and cost paid.
State of Texas vs John Fortner. [blank]
Case continued.
State of Texas vs John N. Bryan. [blank]
Case continued.
State of Texas vs George Wright. [blank]
Case continued with order for an alias capias to issue.
(p. 293)
State of Texas vs Robert Whisenant. [blank]
Case continued, an alias capias for defendant awarded to Collin County.
Thursday May 13th 1852
The Grand Jury returned the following bills of indictment.
State of Texas vs:
Perry Linney Assault with Intent to Kill.
George Linney Assault with Intent to Kill.
David Ries Assault & Battery.
E. S. Napier Assault with Intent to Kill.
A. Harwood Issuing Marriage License.
Frances Everts Burning Timber.
John C. Cook Assault & Battery.
Isaac Wade vs John M. Harding.
Plaintiff dismisses his suit. Court orders defendant to recover his costs together with the 15 cents for each 100 words of the final record.
(p. 294)
James L. Blue vs Aaron McDaniel & John Robinson. [blank]
Plaintiff has leave to amend his petition by paying cost of this entry.
A. M. Keen vs William Dye. [blank]
Plaintiff dismisses this suit and defendant to recover all costs together with 15 cents for each 100 words of the final record.
Wesley Morgan vs A. G. Walker and C. G. Cole. [blank]
Plaintiff amends petition and case continued with order of alias summons to be issued for A. G. Walker.
William Irvin vs John C. Cook. [blank]
Case submitted to jury: William M. Cochran, Foreman with 11 others. Verdict: jury finds defendant guilty and assesses the sum of $25.00. plaintiff to recover the fine of $25.00, all cost plus 15 cents for each 100 words of the final record.
(p. 295)
J. M. Crockett vs C. G. Cole. [blank]
Parties appear in person and case submitted to a jury; William B. Miller and 11 others. Verdict: Find for the plaintiff $197.93, principal plus interest. Decreed plaintiff to recover the sum of $197.93 and cost of this suit plus 15 cents for each 100 words of the final record.
State of Texas vs George Wright. [blank]
Case continued with order of alias capias to issue.
State of Texas vs Robert Whisenant. [blank]
Case continued with order of alias capias to issue.
Grand Jury returns following bills of indictment: [blank]
State of Texas vs James W. Latimer, Wesley Morgan, William A. Gold, Philip A. Specernagle, Alexander Young, William Wallis, Edward F. Springer, William Burtle. [Charge not given.]
State of Texas vs James McPherson, James Coleman, Abner M. Keen and Joseph Parker. [Charge not given.]
Ordered by the court that Wesley Chenault be allowed one dollar and fifty cents per day for attending the Grand Jury as Bailiff for four days making the sum of $6.00
(p. 296)
O. W. Knight vs. J. N. Bryan. [blank]
Plaintiff to recover moneys and all costs.
John M. Harding vs Isaac Wade. [blank]
Jury: William M. Cochran and 11 others and jury finds in favor of the plaintiff, the sum of $268.65 being principal and interest. Plaintiff is to recover of the defendant $268.65, and all cost together with 15 cents for each hundred words of the final record. Defendant moves for a mistrial which was overruled by the court. Then defendant gave notice that he would appeal to the Supreme Court.
(p. 297)
Hibbert & Crockett, Admrs., of Hewett vs A. J. Hewitt. [blank]
Parties waived a jury and the case submitted to the court. Ordered that the said A. J. Hewett recover of the defendant Hibbert & Crockett, administrators of John Hewett the sum of $7.21 plus 15 cents for each 100 words of the final record and this judgement be certified to the probate court whereupon the plaintiff moved for a new trial which was overruled. They gave notice that they would appeal to the Supreme Court.
C. G. Cole vs J. W. Elliott. Petition in Debt.
Jury: William M. Cochran and 11 others. Verdict: find the balance due the plaintiff of $557.80. Plaintiff to recover this sum from the defendant plus the cost of his suit.
(p. 298)
Isaac Wade vs John M. Harding. Assumpsit.
Case continued.
Hibbert & Crockett, Admrs. Appeal from County Court.
vs A. J. Huitt.
Argument submitted to the court without a jury. Judgement of the probate court is confirmed, defendant shall recover of the plaintiff his cost of his suit in this court.
A. G. Walker vs Dallas County. [blank]
Leave is granted for the plaintiff to amend his petition; case is continued.
State of Texas vs Perry Linney. [blank]
Ordered that the said defendant be in the custody of the sheriff and the case is continued until the next term.
State of Texas vs George Linney. [blank]
Ordered that the said defendant be in the custody of the sheriff and the case continued until the next term.
(p. 299)
State of Texas vs E. S. Napier.
Defendant fails to appear after being called three times.
State of Texas vs E. S. Napier. Assault with Intent to Kill.
Defendant called three times and did not appear; therefore, ordered that the State of Texas recover of the defendant and Thomas F. Crutchfield, his security, the sum of $300.00 being the amount of the bond and a scire facias issued herein returnable to the next term of this court.
State of Texas vs Francis Everett. Burning Timber.
Defendant called but did not appear; therefore, the State of Texas is to recover from the defendant and Samuel Ramsey, Jonas Buskirk, his securities, the sum of $300 being the amount of the bond. A scire facias issued herein returnable to the next term of court.
State of Texas vs P. A. Specernagle Betting at “Round O.”
& Wesley Morgan & William Burtle.
Defendants plead guilty. Jury: William B. Miller and 11 others. Verdict: Assess the fine at $10.00 each, together with the cost of the suit with the 15 cents for each 100 words of the final record. All to remain the custody of the sheriff until said fines and costs are paid.
(p. 300)
State of Texas vs James Coleman. Betting at “Rondo.”
Defendant pleads guilty. Jury: William B. Miller and 11 others. Verdict. Assess the fine at $10.00 and state to recover the sum of $10. plus cost and defendant to be in custody of sheriff until said fine and cost are paid.
Ordered that the Clerk of the District Court be allowed $25.00 for extra services.
Ordered that the Sheriff of Dallas County be allowed the sum of $25.00 for extra services.
Ordered that the Court be adjourned until the next regular term.
/s/ B. H. Martin, Judge 9th Judicial District; /s/ Edward C. Browder, Clerk.
(p. 301) 15th day of September 1852
Edward Browder, Clerk of the District Court; Alexander Harwood, Clerk of the County Court; John Lanier, Acting Justice of the Peace drew from box #1 the names of the following persons to serve as jurors for the November term: William Erwin, John Lillie, P. K. Rollins, Solomon Carver, J. M. Harding, E. R. Parks, A. M. Merrell, Carlos Wise, George Floid, George Martin, Daniel Badgley, G. W. Glover, Johnson Heath, William James, Jones Green, John W. Merrifield, John Henderson, Joshua McCombs, J. H. Barlough, O. V. Ledbetter, James S. Lewis, Archer Fyke, Amos Hodges, Ellis C. Thomas, John C. Cook, Seaborn Baggett, John W. Keen, Isaac Elam, John Merrifield, F. A. Winn, W. C. Hunnicutt, Joseph Prigmore, Jacob Reagor, Ben Merrell, Samuel Beeman, Thomas Lumley.
