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County Court Minutes
October, 1843 -- Misc.

Transcribed by Jan Johnson Barnes
©2000

TSL&A Microfilm #50
Sumner County Clerk Minutes
February 1843-June 1846

Page 70

October Term 1843
State of Tennessee
Sumner County
Be it remembered that on the third Monday in October it being the Sixteenth day of the month aforesaid in the year of our Lord one thousand eight hundred and forty three the day appointed by the act of Assembly for holding the circuit court for the county of Sumner within the sixth judicial circuit in said state The Honorable Thomas Maney one of the circuit Judges for the state aforesaid duly commissioned and assigned to hold the circuit court for said county To appear at the courthouse in the Town of Gallatin before four o'clock on the day aforesaid. I George F. Crocket Clerk of the circuit court for said county proclaimed the court opened according to adjournment in compliance with the act of assembly in such case made and provided one?. Adjourned the court until tomorrow morning nine o'clock.

G.F. Crocket Clerk of the Circuit Court for Sumner County

Thomas J. Hale Vs. William Rice Trover
This day came agane the parties by attornies and also a jury of good and lawful men to wit James P. Taylor, James Butler, James L. Shaw, Woodford Bandy, Meridith Lambert, Walter Dickinson, John Payne, Thomas W. McCurtry, William Parker, Robert Bell, Joseph Kirkpatrick, Thomas Darnell who being elected tried and sworn the truth to speak upon the issue found between the parties aforesaid are with the permission of the court and the consent of the parties respited from rendering their verdict herein until tomorrow.

October Term 1843
State of Tennessee
Sumner County
Be it remembered that on the third Monday in October it being the Sixteenth day of the month aforesaid in the year of our Lord one thousand eight hundred and forty three the day appointed by the act of Assembly for holding the circuit court for the county of Sumner within the sixth judicial circuit in said state The Honorable Thomas Maney one of the circuit Judges for the state aforesaid duly commissioned and assigned to hold the circuit court for said county To appear at the courthouse in the Town of Gallatin before four o'clock on the day aforesaid. I George F. Crocket Clerk of the circuit court for said county proclaimed the court opened according to adjournment in compliance with the act of assembly in such case made and provided one?. Adjourned the court until tomorrow morning nine o'clock.

G.F. Crocket Clerk of the Circuit Court for Sumner County

Thomas J. Hale Vs. William Rice Trover
This day came agane the parties by attornies and also a jury of good and lawful men to wit James P. Taylor, James Butler, James L. Shaw, Woodford Bandy, Meridith Lambert, Walter Dickinson, John Payne, Thomas W. McCurtry, William Parker, Robert Bell, Joseph Kirkpatrick, Thomas Darnell who being elected tried and sworn the truth to speak upon the issue found between the parties aforesaid are with the permission of the court and the consent of the parties respited from rendering their verdict herein until tomorrow.

Page 71
Frances D. Merideth & Wife Vs. John Pearson, James Statton, Elisha Kirby and James B. Thornhill Ejectment
It appearing to the court that the death of Seaton H. Turner had been suggested at the last term of the court and the court being satisfied of the truth of said suggestion whereupon by the consent of the parties it is agreed that the suit be reserved on the names of Albert G. Douglass and wife Dorothy Douglass and Eliza Turner heirs of the said Seaton H. Turner Dec'd And it appearing to the satisfaction of the court that Eliza Turner is a minor under the age of twenty one years without a guardian it is ordered by the court that Albert G. Douglass be appointed Guardian Add Litem to ? the interest of said minor.

William C. Hall Executor of the last will and testament of Jesse Haynie Dec'd and Caroline H. Hall his wife and Harriett C. Haynie by her next ____ William C. Hall and Frances Haynie Vs. Elijah Hayney, George Haynie, Joseph White and Elizabeth his wife and Samuel Dennis and his wife Mary Contested will
This day came the parties by attornies and also a jury of good and lawful men to wit (jurors named above) who being elected tried and sworn the truth to speak upon the issue joined between the parties aforesaid upon their oath do say that the paper writing exhibited in the court signed and sealed by Jesse Haynie and attested by Thomas M. Patterson and Woodson Winn bearing ___ state the third day of March 1842 purporting to be the last will and testament of the said Jesse Haynie is the last will and testament of the aforesaid Jesse Haynie deceased whereupon it is considered by the court that the same be admitted to record as the last will and testament of Jesse Haynie Deceased according to the finding of the Jury aforesaid and that the finding of the jury and judgment herein be certified to the county court with the will aforesaid to be there recorded.

Page 78

And the Grand Jury returned into open court and presented the following indictments to wit:

One against Licurgus Stewart & W. L. Sharp for an affray
One against Nathaniel B. Harrison for an assault & battery
One against Beverly Miller for assualt & battery
One against Caleb Willis & Luvica? Preston Lewdness
all endorsed by John Wallace foreman of the grand jury a true bill and returned to consider of further presentments

Court adjourned until tomorrow morning past 8 o'clock
Thos Maney

October 18 & 19th 1843
Page 80

Thomas J. Hale Vs. William Rice Trover
This day came again the parties by their attornies and also the jury impannelled in this cause on yesterday who by the permission of the court and the consent of the parties are further expelled from rendering their verdict herein until tomorrow.

Francis Merideth & wife Frances & Birgle? Merideth & wife Jane Vs. John Pearson, James Statton, Elisha Kirby, James B. Thornhill & Albert G. Douglass and wife Dorot. & Eliz Turner who defends by her Guardian Albert G. Douglass

Ejectment
This day came the parties by their attornies and also a jury of good and lawful men to wit Edward L. Payne Fountain L. McDaniel, James Love, William Blankenship, Richard D. Hobdy, Asa Hassell, Benjamin Edwards, William Solomon, Alexander Williams, Lettle Berry Edwards, James B. Elizer and John B. Pittman who being elected tried and sworn the truth to speak upon the issue joined between the parties aforesaid are by the permission of the court and the consent of the parties respited from rendering their verdict herein until tomorrow.

Lettle B. Edwards Vs. Thomas H. Bell and Securities Motion
In this case it appearing to the court that the notice executed on the defendant Thos H. Bell was returnable to this day of this term of the court. It is ordered by the court that said motion be continued from day to day until further ordered by the court.
Court Adjourned until tomorrow morning 8 o'clock.
Tho. Maney

Thursday morning October 19th 1843 court met according to adjournment present the honorable Thomas Maney.

Thos. J. Hale Vs. William Rice Trover
This day came again the parties by attornies and also the jury impannelled in this cause on a previous day of this term who upon their oath do say that the defendant is guilty of the trover and conversion in the declaration mentioned as the plaintiff is declaring against him hath alledged and they do assess the plaintiffs damages by reason thereof to one hundred and thirty eight dollars and seventy five cents besides his costs. It is therefore considered by the court that plaintiff recover of said defendant said sum of $138.75 that damage so by the jury in form aforesaid assessed and his cost in this behalf expended and that fe fa issue.

Page 81

Francis D. Merideth & wife Frances, Benjamine C. Merideth & wife Jane Vs. John Pearson, James Statton, Elisha Kirby, James B. Thornhill & Albert G. Douglass and wife Dorothy & Eliz Turner who defends by her Guardian Add Litem

Albert G. Douglass Ejectment
This day came agane the parties by their attornies and also the jury impannelled in this case on yesterday who upon their oath do say that the defendants are gilty of the trespass and ejectment in the declaration mentioned as the plaintiff in declaring against him hath alledged and they do assess the plaintiffs damage by reason thereof to one cent. It is therefore considered by the court that the plaintiff recover against the defendants his term yet to come of and in the missuage and Lands with the appurtenances in the declaration mentioned together with this damage aforesaid in manner aforesaid assessed and their cost in this behalf expended and that execution issue. And on motion of the plaintiff by their attorney a writ of possession is awarded them returnable here at the next term of the court.

Page 81

State VS William Wyatt  - Arson
This day came George W Allen attorney general for the state and with leave of the court enters in Nole proseque in this case. It is thereon ordered by the court that the state of Tennessee pay the states costs.

State of Tennessee Vs. Lewis Pollard Indictment for Tipling Six cases
This day came as well George W. Allen attorney general as the said defendant who pleads guilty to the charge and submits to the judgment of the court. Whereupon it is ordered by the court that said defendant make his fine by the payment of Five dollars in each case and that he stand committed until the fine & costs be paid or secured.

State of Tennessee Vs. Alfred H. McDaniel - Assault & Battery
This day came as well the attorney general as the said defendant and by consent of as well the attorney general aforesaid as the said defendant this case is continued. Whereupon the said Alfred H. McDaniel with Jo. C. Guild came and in open court acknowledged themselves indebted to the State of Tennessee in the penal sum of Two hundred and fifty dollars to be levied of their goods and chattels lands and tenements but to be void on condition that said defendant make his personal appearance before the court at the court house in the town of Gallatin on the first Thursday after the third Monday in February next to answer the State of Tennessee upon a charge for an assault & battery and not depart there from without leave of said court.

Page 82

Ordered by the Court that William Rice Shff. be fined five dollars for failing to keep order in the court house during the setting of the court and
the costs of this order and that fe fa issue.  

Friday morning October the 20th 1843 court met according to adjournment present the Honorable Thomas Maney Judge

John B. Pittman, Alfred Moore and his wife Elizabeth, Hutchings M. Pittman, William F. Pittman, Martha B. McCaw, Thomas Williams and his wife Susan, Mary Heflington by her Guardian John B. Pittman Exparte Petition for Partition of Slaves
Be it remembered that at the present term of this court on the 19th day of October 1843 this cause coming on to be heard before the Honorable Thomas Maney Judge & upon the petition of the complainants praying for a partition of slaves where it appearing to the satisfaction of the court that there are certain slaves to wit Henry, Sally, Eliza, William, Nancy, Bobb, China and Winny a child of Eliza which decended to the petitioners from their Grand Father John Pittman who died in the State of Virginia it has also been represented to the court that Henry one of said slaves had become incorigable and had been sold by John B. Pittman one of the petitioners for the sum of Six hundred dollars and it also has been represented to the court that the said John B. Pittman has acquired by purchase the share of William Pittman one of the said petitioners. It is therefore ordered adjudged and decreed by the court that Daniel S. Donaldson, Harry Smith, Thomas Watson, Edmond Turner and Pristly Bradford be appointed commissioners to divide said slaves amongst the petitioners equally as near as can be being first duly sworn to do justice between the parties. In making said division the said commissioners shall take into the estimate the price at which the said slave Henry was sold and charge the price of him to the said John B. Pittman on his own share and the share which he acquired by purchase as stated aforesaid in making said division the superior dividend with the difference in value between that and the inferior dividend and the difference in value shall be a lien on the superior dividends until the difference in price is to the satisfaction of the court, the said commissioners will report their proceedings in the premises to the next term of this court under their hands and seals. The costs of this proceding to be paid by the petitioners.

 State of Tennessee Vs. Beverly Miller For an assault & battery
This day came as well Geo. W. Allen attorney general as the said defendant in discharge of his recognisance who upon being charged pleads not Guilty and for his trial puts himself upon the country and the attorney general aforesaid doth the like whereupon came a jury of good and lawful men to with Richard D. Hobdy, James L. Shaw, Woodford Bandy, John Payne, Robert Bell, William Parker, James P. Taylor, Thos W. McMurtry, James Butler, Benjamin Edwards, Merideth Lambert & Walter Dickerson who being elected tried and sworn to will and truly try the issue of Traverse between the state and said defendant are by the permission of the court and the consent of as well the attorney general as the said defendant respited from rendering their verdict until tomorrow.

State Vs. William Avetts & Henry Averett For an affray
This day came as well the attorney general as the said defendants who upon being charged pleads not Guilty and for their trial put themselves upon the country and the attorney general doth the like whereupon came a jury of good and lawful men to wit Etheldred Odom, Thomas H. Johnson, Isham West, Wyttie Brigance, Thomas W. Coleman, William Blankenship, Thomas Darnell, William Huffman, William W. Thomas, James Suddarth, Richard Ponds, and Felix G. Haynes who being elected tried and sworn to will and

Page 83
truly try the issue of Traverse between the state and said defendants upon their oath do say that said defendants are guilty in manner and form as charged in the bill of Indictment. Whereupon it is considered by the court that said defendant Henry Averett make his fine by the payment of five dollars and the costs of this prosecution and that he stand committed until the fine and costs be paid or secured and because the said defendant William Avects had left the court house after the rendering of the verdict by the jury aforesaid the court does not procede to judgment as to him.

 State of Tennessee Vs. Beverly Miller For an Assault & Battery
This day came agane as well the attorney general for and in behalf of the state as the said defendant and also the jury impannelled in this cause on yesterday who upon their oath do say that the defendant is guilty in manner and form as charged in the bill of indictment And the jurors aforesaid on their oath aforesaid to further say that said defendant shall make his fine by the payment of Three hundred and thirty five dollars and the cost of this prosecution and that he stand upon his recognisance until the fine and costs be paid or secured.

 State Vs. William L. Sharp and Lycurgus Stewart  For an affray
This day came as will the attorney general as the said defendants in discharge of their recognisance and the said defendant William L. Sharp pleads guilty to the charge and submits to the judgment of the court whereupon it is considered by the court that said defendant make his fine by the payment of five dollars and the costs for this prosecution when George F. Crocket acknowledged himself the security of said defendant for the fine and costs aforesaid and agrees that execution may issue against him with said defendant for the same which is ordered accordingly And the said defendant Lycurgus Stewart upon being charged pleads not guilty and for his trial puts himself upon the country and the attorney general doth the like whereupon came a jury of good and lawful men to wit John Moore, Green M. Garrett, William Dempsy, Thomas Wetherd?, Francis Childress, Henry B. Morris, George Dempsy, Carter T. Hall, John E. Gilllmore, Edward Vaughan, Nathaniel B. Harrison & William Lavender who being elected tried and sworn to will and truly try the issue of Travis betwene the state and said defendant And now here because Green M. Garrett one of the jurors sworn in this case is absent with the permission of the court it is agreed by as will the attorney general as the said

Page 84

defendant the remaining eleven jurors shall deliver the verdict in this case whereupon the jurors last aforesaid upon their oath do say that said defendant is guilty in manner and form as charged in the bill of indictment. It is therefore considered by the court that said defendant make his fine by the payment of five dollars and the costs of this prosecution and that he stand committed until the fine and costs be paid or secured Whereupon John Stewart in open court became the security of sd defendant and agrees that execution may issue against him together with said defendant for the fine and costs aforesaid which is ordered accordingly.

State Vs. Nathaniel B. Harrison For an assault & Battery
This day came as well the attorney general as the said defendant who pleads guilty to the charge and submits to the judgment of the court It is therefore considered by the court that said defendant make his fine by the payment of one dollar and the costs of this prosecution and that he stand committed until the fine and costs be paid or secured whereupon William Scoggins in open court became the security of said defendant and agrees that execution may issue against him together with said defendant for the fine and costs aforesaid which is ordered accordingly.

 Page 85

Hugh Calgy Lesee Vs Andrews McAuley and James McAuley Ejectment
This day came the parties by their attornies and the defendants enter into the common said by confessing lease entry and plead not guilty and agree to rely upon the title only. And the said defendants with John J. White and Josephus C. Guild as their security acknowledge themselves indebted to the plaintiff in the penal sum of Two hundred and fifty dollars conditioned to defend this suit successfully or on failure thereof to pay and satisfy such costs and damages as this

Page 86

court shall adjudge against them.

 Pages 86 and 87

Saturday morning 21st October 1843
Present
The Hon. Thomas Maney Judge
William Franklin & Joseph Miller Exector of K. & W. S. Miller Vs. William Perry - Motion - Abstract
Previous orders repeated to have William Perry brought to court to answer the debt by note for Twenty one dollars and 33 cents. Judgement was against the defendant with interest, dated 20 June 1843.No personal property was found within the County, levied 24th June 1843 on a tract of land in Sumner County on the Waters of Bledsoes Creek beginning at Redmond D. Barry's South East corner on a large white oak running South 224 poles to a stake thence West 400 poles to a stake thence North 224 poles to a stake thence to the beginning as the property of William Perry. The court ordered that the land be condemned and sold for the satisfaction of the judgment.

Page 88

James E. Ferguson & Henry A. Ferguson Matilda Ann Ferguson by their Guardian - Carter T. Hall Exparte
Be it remembered that the above cause came on to be heard on the 20th day of Oct. 1843 before the Hon. Thomas Maney Judge upon the Petition Exparte exhibits and proof in the cause and it appeared to the satisfaction of the Court that the Petitioners are the owners of the tract of land of fifty six acres mentioned in the Petition situated in the County of Sumner about 2 miles West of Gallatin on the Red River road adjoining the lands of Isaac Baker Solomon Shoulders, Geo Elliott & others that the said James E. is entitled to the one half thereof and the other Petitioners to one fourth each And it further apearing to the court that the said tract of land cannot be advantgeously divided among the several heirs, and that it will be to the interest of the minor Petitioners to have the same sold and the proceeds divided between them. It is therefore ordered adjudged and Decreed by the Court that said tract of land be sold and L.B. Edwards esq. is appointed a Commissioner to make said sale, he will sell the same at the Court house in Gallatin to the highest bidder upon a credit of one and two years taking Bond with two good securities and a lein retained until the purchase money is paid, after advertising the time and place of said sale 40 days in writing at three or more public places in the County of Sumner one of them being at the Court house door in Gallatin, said land shall not be sold for a less price than $15 per acre said commissioner will make his report to the next Term of Court.

Page 88

State of Tennessee Vs. Beverly Miller For an assault & Battery
Beverly Miller who with Josephus C. Guild his security in a bond taken by L.F. Schell Justice of the Peace for the county of Sumner duly commissioned and authorised by law to take such Bond each in the penal sum of Two hundred and fifty dollars conditioned that the said Beverly Miller sould make his personal appearance here before the court at

Page 89

court house in the town of Gallatin on the first Thursday after the third Monday in October Inst solemly called and the said Beverly Miller came not but made default and the said Josephus C. Guild his security as aforesaid did not produce the body of the said Beverly Miller to answer the charge aforesaid whereupon on motion of the attorney general it is considered by the court that said Bond aforesaid be forfeited No Se and that Scerefacias? issue against the said Beverly Miller & Josephus C. Guild his security of aforesaid to show cause if any they can why final Judgment shall not be rendered against them for the penalty aforesaid returnable here at the next term of the court.

Monday morning October 23rd 1843 Court met according to adjournment present the Hon'l Thomas Maney Judge

State of Tennessee Vs. Henry Averett For an affray
This day came agane as well the attorney general as the said defendant in the custody of the sheriff with Doctor P. Hart and John W. Head who in open court became the security of said defendant and agree that execution may issue against them together with said defendant for the fine and costs aforesaid which ordered according.

State of Tennessee Vs. James M. Owens For an assault with intent to commit murder in the first degree
This day came agane as well George W. Allen attorney general for and in behalf of the State as the said defendant in the custody of the Sheriff and the Jury impannelled having returned their verdict in this case on a former day of this term It is considered by the court that said defendant make his fine by the payment of One hundred and fifty dollars and the costs the finding of the Jury in this case of this prosecution and that he remain in custody until the fine and costs be paid or secured. And it is further ordered by the court that said defendant be imprisoned for the space of ten days from this day fourteen day of November 1843 in the common Jail of Sumner county and that execution issue for the fine and costs aforesaid And the defendant by his attorney moved the court for leave to show cause why a new trial should be granted him in this case and the same being argued ___ fully understood by the court it is ordered by the court that said motion be overrruled and stand for nothing.

Ordered by the court that the following accounts be altered to wit
The Account of Joel H. Daughtery Jailer of, $14.12, for keeping Merideth Wims charged with Larceny in the Jail of Sumner be allowed and taxed in the bill of costs.

The account of Joel H. Daughtery of $42.37 for keeping Thornton Brown on a charge of Horse stealing in the jail of Sumner county be allowed and taxed in the bill of costs.

The account of Keny? Kirby Sheriff of Macon county of $4.20 for conveying Meridith Wims charged with Larceny be allowed and taxed in the bill of costs.

Court adjourned until Monday morning 9 o'clock.

Page 90

Ordered by the court that the account of Charles Lewis of $12.00 for keeping jury in the case of the State Vs. James M. Owens be allowed and taxed in the bill of costs.

Robert G. Douglas Vs. Joseph Lock Cateorare
This day came the parties by attornies and the defendant having entered his motion to dismiss the cateorare on a former day of this term and the same being now argued and fully understood by the court. It is ordered by the court that said cateorare be dismissed and that defendant recover of plaintiff his costs in this behalf expended and that execution issue.

 Lewis W. Crump Vs. Hardy Forrester Apeal
Appeal was dismissed and the plaintiff was ordered to pay court costs.

 James Swanson Vs. William H? Landers Case
Jury found in favor of the plaintiff and assessed damages of One hundred and forty seven dollars and fifty six cents..

Page 91

Jones W. Lock Vs. John Y. Roper
Plaintiff will not further prosecutge his suit and the defendant in open court assumed to pay the costs.

 Tuesday morning October 24th 1843
Court met according to adjournment present the Honorable Thomas Maney Judge

A power of attorney from Moses M. Donelson and Jane Harriett Donelson formerly Jane Harriett Zancor daughter of John Zancor dec'd and Tabitha Webb wife of William S. Webb and daughter of John Zancor dec'd to William S. Webb dated the 24th day of October A.D. 1843 was duly acknowledged in open court by the said Moses M. Donelson Jane Harriett Donelson and Tabitha Webb wife of William S. Webb to be their act and deed for the purposes therein mentioned And the said Jane Harriett Donelson and Tabitha Webb the feemes? covert? above mentioned being examined by the court separate and apart from their said husbands say they made and executed said power of attorney of their own free will and accord and without any threat persuasion or other undue influence from their said husbands all of which is ordered to be so certified.


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