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Circuit Court Minutes
February & March, 1866
Vol. V

Source:  TSL&A Microfilm #5
Sumner County Circuit Court Minutes
Feb 1866 - Jun 1869

Transcribed by Jan J. Barnes
© 2002


Monday, Feb 26, 1866 - Honorable Thomas Barry residing.
Sheriff Rueben T. Warner returned into Court the States' writ of Venire Facias, executed on the following persons:
Samuel W. Leseur, Edward L. Payne, William Lockett, John A. Patterson, S. F. Schell, J. N. Guthrie, Hugh Joiner, Pinckney Gipson, Charly F. Clendenning, Oliver Latimore, Thomas C. Douglas, James Guinn, R. B. Durham, Moses Burley, George Trout, J. F. Lambert, R. C. Brizendine, W. G. Lanier, Jo. B. Hobdy, E. T. Seay, J. W. Anthony, J. R. Young, James W. Stagner, Geo. A. Wiley, R. B. Douglas, G. W. Bumpass, W. L. Utley, Finis A. Taylor, R. E. Douglass, Leonidas Baker, R. C. Parker, James N. Malone, John Lewis, S. J. Edmonds, J. N. Smart, O. P. Butler, W. S. Webb, and Alfred Groves - all appeared except Jno. N. Smart who is deceased.  Following were elected jurors:  Leonidas Baker, S. W. Leseur, James R. Young, F. A. Taylor, William Sheran, John Lewis, James N. Malone, W. G. Lanier, E. T. Seay, S. F. Schell, R. B. Douglas, C. F. Clendenning and W. S. Webb.  Leonidas Baker appointed Foreman.  Baker Parsons, Constable was sworn to attend the jury.  W. R. Rankin was appointed Attorney General for this term of the Court.
Bills of Indictment were presented against the following:

Page 3
One against Henry Barnes for Larceny - accused of stealing from Rolla Law three hundred pounds of beef at a value of Thirty Dollars.
One against Jordan Johnson, Jake Guild, and Bob Foster free men of color for Larceny - accused of stealing two hundred and fifty pounds of bacon of the value of Fifty Dollars from Ephraim Penn.

Pages 4 - 5
Feby 27, 1866
Eli B. Shye, James M. Shye, and John W. Shye - Indictment for Larceny - accused of stealing one dollar and eighty five cents, one rifle at a value of twenty five dollars and fifty pounds of Bacon at the value of ten dollars, the property of D. D. Austin.  Also accused of stealing fifty pounds of bacon at the value of ten dollars, the property of Richard Brantley, one gallon of whiskey at a value of two dollars and fifty cents and one gallon two measures of the value of one dollar from M. R. Stovall.

Page 6
Henry Jones, Judgment for Larceny - accused of stealing seventeen pounds of wool rolls at a value of thirty dollars, two blankets, value eight dollars, a quantity of carpenters tools consisting of planes, augers, files, chisels, saws etc., value seventy eight dollars, the property of L. E. Lynn.

Page 7
Feby 28th 1866

George McGee, Col'd - Larceny - one pair of pants, value fifteen dollars, the property of John Bell.

Page 8

Grand Jurors presented the following bills of Indictment:
Joel Lampkins, 3 for Gaming
H. P. Fields, 3 for Gaming

Feby 29th 1866

Grand Jurors presented the following bills of Indictments:
Wm. Yourie, 3 for Gaming
William Strother, 3 for Gaming.

March 2nd 1866
Grand jury presented the following bills of indictment:
James Rainy - Libel against Lucretia Procter (continues on page 9)

Page 10

Indictment against Marian Smart (3 cases) for Gaming who pled Guilty, fined one cent and court cost.  Joseph B. Hobdy, his security. (continues on page 11 and 12)

Page 12

W. W. Brizendine indicted for Unlawful Retailing, pled Guilty.  Fined one dollar and court cost.  John A. Barber, his security.

Page 13

John A. Barber, (2 cases) Indictment for Retailing, pled Guilty.  Fined one dollar and cost of proceedings.  W. W. Brizendine, his security.
(page 14 is a case 2 and fine is the same.)

Page 15

James Ritter, Indictment for Retailing, pled Guilty.  Fined one dollar and cost with W. W. Brizendine his security.

Page 16
George Bunton, Col'd, Indictment for Retailing, pled Guilty.  Fined one cent and court cost.  James Bunton his security.

Page 17
March 2, 1866

Henry Barnes, Larceny.  Accused failed to appear in court.  Jane Hadley and Richard Baskerville, his securities failed to appear.  Adjudged by the Court that the State of Tennessee recover of the Defendant, Henry Barnes and his securities $1,000.00 unless they appear at the next term of Court and show good cause why they did not appear at the appointed time.

Page 20

Eli B. Shy and John W. Shy, Larceny.  Accused pled Guilty and for their trial put themselves upon the County.  Jurors James Guinn, John Crump, William H. Shackleford, Jno O. Higgerson, Balam Groves, Jas. S. Robertson, Jas. Darnell, Ashly Wallace, Peter Gourley?, William Chapman, James Barrow, and William Phillips did not have time to consider the amount of time Defts. should serve.  Verdict delayed until March 3.

Indictments presented against:
Wilson Walls, 5 for Gaming
Polk Cornell, 5 for Gaming
Bob Douglass, 4 for Gaming
John Bowers, 5 for Gaming
Ben Lowery, 5 for Gaming
Gil Tyree, 3 for Gaming
Bryant Horn, 3 for Gaming
Simon Elliott, 1 for Retailing

Page 21

William Strother, 1 for Retailing
A. McDonnald, 1 for Retailing
George Loper for Retailing
Thos. R. Love for Tipling
J. S. Schuster? for Tipling
Robert Strother for Retailing
Charley Payne for Retailing
W. A. Lovall for Retailing
Ferminus Hermans for Tipling

No cases for March 5 - March 7.

Pages 22 - 23

Eli B. Shy and John W. Shy - Jurors find that the defts. shall be placed in the State Penitentiary for three years.

Margaret McCabe - Recognizance - Margaret McCabe, and her securities, John L. Bug and John W. Head acknowledged themselves indebted to the state in the penal sum of two thousand dollars, jointly, to be levied out of their respective goods and chattels, lands and tennaments. Margaret McCabe must appear by the June Term for indictments for unlawful retailing of Spiritous Liquors.

Glaster McGlothlin and Charles Buntin - Indictment for Grand Larceny.  Jury - Thomas Montgomery, W. H. Shackleford, L. E. Lynn, J. E. Roscoe, Peter Gourley, James Guinn, M. J. Lucas, James K. Taylor, R. E. Donnell, Bernice Bender, Lamar Barrow, and Nelson Johnson.  No proof found against Charles Buntin, attorney entered Nolle Proseqeri.  Jury did not have time to render verdict for Glaster McGlothlin, postponed until the next day.

Pages 24 - 27

The Grand Jury presented the following bills of indictment:

William Haloran, 5 counts for Tipling on Sunday.
Dan Branham, 5 counts for Tipling on Sunday.
Samuel Barnes, 1 count for Tipling of Liquor.
Carpenter Harding, 1 for unlawful selling of Liquor.
Melzer Slater, 1 for unlawfully selling Liquor.
Henry Cox, 1 for unlawfully selling Liquor.
John Glasgow, 1 for unlawfully selling Liquor.
James Pearson, 1 for unlawfully selling Liquor.
Allen Stiles, 1 for unlawfully selling Liquor.
George W. Millar, 1 for unlawfully selling Liquor.
John W. Malone, 1 for unlawfully selling Liquor.
Michael McKinney, 1, partner of Dan Braham for unlawfully selling Liquor.
George Love, 1 for unlawfully selling Liquor.
King Wicks, Lutitia A. Wicks, Mary Clendennon, Adaline Weber, Jeramiah Clendennan for Larceny.

King Wicks, Lutitia A. wicks, Mary Clendening, Adaline Weber (spinster) and Jeremiah Clendening - Larceny.
The defendants were accused of stealing one hundred yards of bleached Domestic of the value of sixty dollars, thirty yards of Flannel, value thirty dollars, fourteen yards of drilling, value ten dollars, one sack of coffee containing 165 pounds, value sixty five dollars, all of the value one hundred and ninety five dollars, the property of J. R. Ramsey.  The defendants did knowingly accept stolen goods, and conspired to fraudulently deprive the owner of the property.  J. R. Ramsey witness swore in open court and sent to the Grand Jury to give evidence in this cause.  March 6, 1866.

State Warrant  issued against Henry Jones and Henry Wilson.  Defts. found guilty of stealing one hundred dollars from Polly McMurry. Warrant for Henry Jones was executed in full Sept 24th 1865.

Henry Jones - Larceny.  Accused of stealing seventeen pounds of wool rolls, value thirty dollars, two blankets, value eight dollars, a quantity of carpenters tools consisting of planes, augers, files, chisels, saws etc, value forty dollars, all the value of seventy eight dollars the property of L. C. Lynn.  Witnesses swore in open court and were sent to the Grand Jury to give evidence in this cause, 1 March 1866.

Page 28

Evidence presented by witness, Mary McMurry to the Grand Jury against Henry Jones, accused of stealing one hundred dollars from her.

Pages 29 - 30

James M. Shy, Indictment for Larceny - Recognizance.  Deft. acknowledged that he owed the State one thousand dollars - to be levied out of his goods & chattels, land and tennaments, but to be void if James M. Shy makes his personal appearance at the court house in Gallatin in June to answer the charge of larceny.

Bennett Sarver, Col'd.  Deft. is permitted to give his Recognizance with security for his personal appearance before the court from day to day until discharged by the court.  R. A. Bennett his security.

Samuel Nelson, alias Samuel Anderson - Larceny.  Accused of stealing a horse of the value of two hundred dollars, one mule, value of two hundred dollars - property of W. G. Ponds and one mare, value of one hundred dollars and one mule, value of one hundred dollars - property of Wm. Benton.  Witnesses swore in open court and the case was sent to the Grand Jury.

Nothing listed for the dates of March 7th or the 8th.

Page 31

March 9, 1866

The Grand Jury presented the following of Indictments:
Dr. W. R. Tompkins (5) for Gaming.
William Yourie (3) for Gaming.
Jo. Tompkins (3) for Gaming.
Robert Taylor (5) for Gaming.
C. M. Parker (5) for Gaming.
Lewis Strang (6) for Gaming.
Jas. Bell Peyton (5) for Gaming
C. P. Fields (3) for Gaming
William Strother (3) for Gaming
C. Croker (1) for Gaming.

George McGee, Col'd - Larceny.  Grand Jury members:  Harbert Wallace, Jas. K. Taylor, William Lockett, Jacob Newton, George A. Wyllie, Ashly Wallace, Smith Wallace, R. B. Durham, Richard C. Parker, J. N. Guthrie, Thos. Crenshaw, and Thos. Dobbins.  Jury finds the deft. Guilty and recommends that he be confined to the state penitentiary for a period of eighteen months.

(Page 32 and 33 are missing from the film)

Page 34

Henry Jones - Larceny.  Deft pled Guilty.  Jurors:  John M. Cotton, Jacob Rutledge, Dan'l Escue, Jacob Newton, James Hanes, James Guinn, Ashly Wallace, Thos. T. Stallen, James Donnell, John Lampkins, George D. Foster, and Stanfield Hamilton.  Defendant ordered to be confined to the state penitentiary for a period of ten years and rendered infamous and disqualified from voting or holding any office.

The Grand Jury returned and presented the following bills of Indictment:
W. G. Swindle (5) for keeping a billiard table without License.
Jas. F. Love (5) for Gaming.
Allen Stiles (4) for unlawful retailing.
Charley Payne  (5) for a billard table without a license.
Young Hart (2) unlawful retailing.
Manuel Hart (2) for unlawful retailing
Jim Dobbs (3) for unlawful retailing.
Dock Lewis (2) unlawful retailing.
Al Lillard (2) for unlawful retailing.
Riley Moody (3) for unlawful retailing.

Page 35

Bull Williams (3) for unlawful retailing.
Anderson Baker (1) for Gaming.
William Stalcup (1) for unlawfully selling liquor.
Wm. Wilkerson (1) for unlawfully selling liquor.
T. J. Beal (1) for unlawfully selling liquor.
Alexander McKindry (1) for unlawfully selling liquor.
Jack Elliott (1) for Gaming.
Dave Elliott (1) for Gaming.
E. W. Brinkley (1) for unlawfully selling liquor.
Frank Hughes (1) for unlawfully selling liquor.
Michael Guinn (1) for unlawfully selling liquor.
Richard Tully? (1) unlawfully selling liquor.
W. T. Bryne (1) unlawfully selling liquor.
Marshal House (1) for unlawfully selling liquor.
W. H. McMurtry (1) for unlawful (left blank)
Jas. Hudson (1) for unlawfully selling liquor.
Thos. Starks (1) for unlawfully selling liquor.
John Puckett (1) for unlawfully selling liquor.
McCane (1) a partner of Wm Staley unlawful (left blank)
James Wilson (1) for unlawful selling.
Charley Kelly (1) Mitchellville unlawfully selling.
Adam Hersberger (1) unlawfully selling.
D. M Biddle (1) for unlawfully selling.

A. Lillard took oath required by law and was released.

Pages 36 - 37

Dan Blythe - Retailing.  Pled Guilty.  Deft. ordered to pay a fine of one cent and court cost.  R. A. Bennett Defts. security for the fine and cost.

Sam Barrow - Gaming.  Pled Guilty.  Ordered to pay a fine of five dollars and cost of prosecution.  James C. Barrow, his security.

Reuben Odom - Gaming.  Pled Guilty.  Fined one dollar, court cost.  W. S. Munday, security.

Ellie Blythe - Gaming.  Pled Guilty.  Fined five dollars.  Randolph Barry, security.

Page 38

Fredrick Vogle - Retailing, 3 cases.  Charges dropped, deft. set free.

Page 39
Ruben Malone and Nick Whitworth, free persons of color - Larceny.  Accused of stealing one hog, value thirty dollars, the property of William Nokes.  Wm Nokes as witness gave evidence before the Grand Jury on March 8, 1866.  Charges dropped against Nick Whitworth.

Page 40

Al Lillard - Retailing, 2 cases.  Pled Guilty, fined one cent and court cost.  Defendant had no security and was taken into custody by the Sheriff and ordered to the jail until fines and costs were paid.  The Atty. Gen'l agreed that he would waive the notice of 10 days prescribed in such cases and permit the defendant to be discharged from imprisonment upon his taking the oath of insolvency required by law.  Deft. did take the oath of insolvency and was released.

Page 41

G. W. Baker - Grand Larceny.  Deft. asked the court for a change of venue which was granted by the court.  Case was transferred to Davidson County.

John I. Garrett  Charges dropped.

Pages 42 - 45
March 12th 1866

H. P. Fields - Gaming.  Pled Guilty, fined one dollar and cost of the prosecution.  George W. Allen, his security. (6 cases, fine of one dollar each and court cost for each.)

Jo. Tompkins - Gaming in 6 cases.  Pled Guilty, fined one dollar for each case and court cost.  G. W. Allen, security.

Wm Tompkins - Gaming, 5 cases.   Pled Guilty, fined one dollar for each case.  G. W. Allen, security.

W. C. Yourie - Gaming, 6 cases.  Pled Guilty, fined one dollar for each case and costs on each.  G. W. Allen, security.

C. M. Parker - Gaming, 5 cases.  Pled Guilty, fined one dollar in each case and all costs in each case.  G. W. Allen, security.

Pages 46 - 47

Wm Strother - Gaming in 6 cases.  Pled Guilty, fined one dollar in each case and court cost in each.  Robert Strother, security.

Charles Payne - Billiard Table, 5 cases.  Pled Guilty, fined one cent in each case and all costs.  G. W. Allen, security.

George Love, Sr. - Retailing, 1 case.  Pled Guilty, fined one cent and cost.  G. W. Allen, security.

George Love, Jr.  Retailing, 1 case.  Pled Guilty, fined one cent and costs.  G. W. Allen, security.

A. McDonald (nothing listed as to the cause).  Pled Guilty, fined one dollar and cost.  (Security left blank.)

Pages 48 - 49

Wm Halloran - Retailing on Sunday, 5 cases.  Pled Guilty, fined one dollar in each case and all costs.  G. W. Allen, security.

Lewis Strang - Gaming, 6 cases.  Pled Guilty, fined one dollar for each case and court costs.  (Security left blank)

Thos. R. Love - Retailing.  Pled Guilty.  Fined one dollar and cost of prosecution.  D. P. Hart, security.

Robert Strother - Retailing, 1 case.  Pled Guilty, fined one cent and costs.  Wm. Strother, security.

Pages 50 - 53

Jas. F. Love - Gaming, 6 cases.  Pled Guilty, fined one dollar for each case and the cost ofeach case.  Thomas R. Love, security.

Allen Styles, Jailor of Sumner County pesented the following bills of cash:
To A. Styles for Boarding Jacob Guild, prisoner, charged with Larceny from the 18th day of February - the 9th day of March, 1866, 19 days at sixty cents per day - $11.40.

To A. Styles, Jailor, for boarding Jordan Johnson, prisoner, charged with larceny from 18th February to the 9th March, 19 days at sixty cents per day - $11.40.

To A. Styles, Jailor for boarding S. N. Nelson, prisoner charged with horse stealing from 2nd March - 9th March 1866 at sixty cents per day.  $4.20.

To A. Styles for boarding prisoner Chas. Bunton prisoner charged with larceny from 25th Feb. - 9th March, 12 days at sixty cents - $7.20.

To A. Styles for boarding prisoner Joseph Whitworth charged with larceny from 22 Feb to 9th March, 1866, 15 days at sixty cents per day - $9.00.

To A. Styles for boarding J. W. & Eli B. Shy, prisoners charged with larceny from 22nd Feb - 9th March, 1866, 15 days at 60 cts. per day - $18.00.

To A. Styles for boarding Henry Johns prisoner charged with Robbery from 25th Feb to 9th March, 1866, 12 days at 60 cents per day - $7.20.

To A. Styles for boarding James Shy prisoner charged with larceny from 22nd Feb to 8th March, 1866, 14 days at 60 cts. per day - $8.40.

To A. Styles for boarding prisoner Bennett Sarver charged from 25th Feb to 9th March, 1866, 12 days - $7.20.

To A. Styles for boarding Glaster McGlothlin charged with larceny from 25th Feb to 9th March, 12 days - $7.20.

Pages 54 - 59

A list of costs presented to the court for various cases and payments for guards.

Nothing more is listed for the Criminal Cases for the month of March.


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